Bombay High Court

AKSHAY SANTOSH AGRAWALversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The anticipatory bail application is deemed infructuous and may be withdrawn when regular bail has been granted.

Summary

The applicant, Akshay Santosh Agrawal, filed an anticipatory bail application before the High Court of Bombay, Aurangabad Bench. Subsequently, the applicant was granted regular bail by the trial court. On this basis, the applicant sought to withdraw the anticipatory bail application, claiming it had become infructuous. The respondent, the State of Maharashtra, was represented and no opposition was raised to the withdrawal. The Court, after considering the applicant's submission, accepted that the anticipatory bail application was no longer necessary. Consequently, the Court disposed of the application as infructuous.

Issues considered

Whether an anticipatory bail application can be withdrawn as infructuous after regular bail has been granted

Subjects

anticipatory bail
regular bail
withdrawal of application
infructuous
criminal procedure

Judgment

2026:BHC-AUG:43677




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                     117 ANTICIPATORY BAIL APPLICATION NO. 1896 OF 2025

                                     AKSHAY SANTOSH AGRAWAL
                                               VERSUS
                                    THE STATE OF MAHARASHTRA
                                                  ...
           Mr. Niranjan Vasant Dhake, Advocate for Applicant
           Mr. S. P. Joshi, APP for the Respondent/State

                                                    CORAM : R. M. JOSHI, J.
                                                    DATED    : 28th SEPTEMBER, 2026

           PER COURT :-

           1.    Mentioned out of turn.

           2.    Learned Advocate for the Applicant, on instructions, submits that the

           Applicant has been granted regular bail and, therefore, nothing further

           survives for consideration in the present application. He accordingly seeks

           permission to withdraw the application as having become infructuous.

           3.    In view of the above submission, the application is disposed of as

           infructuous.

                                                              ( R. M. JOSHI, J.)
           ssp




           117 ABA 1896.2025.odt                                                   1 of 1

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