Bombay High Court

VAIBHAV ARUN WANKHEDEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Withdrawn
Bench: HITEN S VENEGAVKAR

Holding

The anticipatory bail application was disposed of as withdrawn, with liberty granted to the applicant to approach the Court afresh if circumstances change.

Summary

The applicant, Vaibhav Arun Wankhede, filed an anticipatory bail application in the Bombay High Court, Aurangabad bench, alleging that he was implicated in offences under Sections 64(2)(m) and 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012. The State informed the Court that the investigating officer intended to file a ‘B’ summary report before the magistrate. The applicant’s counsel subsequently sought to withdraw the anticipatory bail application, requesting liberty to re‑approach the Court if circumstances changed. The Court accepted the withdrawal and disposed of the application as withdrawn, granting the requested liberty. No substantive merits of the bail issue were decided.

Issues considered

What is the appropriate disposition of an anticipatory bail application when the applicant seeks its withdrawal?
Does the Court have the jurisdiction to allow the applicant liberty to re‑file the application in the future?

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 64(2)(m), 65(1)
Protection of Children from Sexual Offences Act, 2012 — s. 4, 5(L), 6

Subjects

anticipatory bail
withdrawal of application
criminal procedure
child sexual offences
B summary report
high court

Judgment

                              1                          930aba1910.2025.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

         930 ANTICIPATORY BAIL APPLICATION NO. 1910 OF 2025

                          Vaibhav Arun Wankhede
                                  VERSUS
                   The State Of Maharashtra And Another
                                     ...
     Mr. D. M. Pingle h/f Mr. Nagesh G. Talekar - Advocate for Applicant
                       Mr. V. M. Kagne - APP for State
      Mr. Pankaj A. Bharad h/f Mr. Mr. Rohan R. Bidave - Advocate for
                              Respondent No. 2
                                     ...

                           CORAM :      HITEN S. VENEGAVKAR, J.

                           DATED :      13TH JANUARY, 2026

PER COURT : -

1.            This Application has been preferred by the present

Applicant for anticipatory bail. The allegations pertain to offences

punishable under Sections 64(2)(m), 65(1) of the Bharatiya Nyaya

Sanhita, 2023, and Sections 4, 5(L), and 6 of the Protection of Children

from Sexual Offences Act, 2012.


2.            The learned APP appearing for the State informs that the

Investigating Officer, after conducting the investigation, has come to the

conclusion to file a ‘B’ summary report before the learned Magistrate. He

places on record the communication dated 20.11.2025 addressed to him

by the Investigating Officer. The same is taken on record and marked as

“X” for identification.
                                                         2                          930aba1910.2025.odt

                             3.           In light of the above, the Advocate for the Applicant seeks

                             withdrawal of the Application, with liberty to approach the Court afresh

                             in case of a change in circumstances.


                             4.           The Application stands disposed of as withdrawn, with

                             liberty as prayed for.


                                                                     [HITEN S. VENEGAVKAR]
                                                                            JUDGE




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 14/01/2026 14:44:13

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