Bombay High Court

AJAY MAHESH KUMBHAR AND ANRversusTHE STATE OF MAHARASHTRA

Decided: 1 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court permitted the withdrawal of the anticipatory bail application and granted liberty to file a fresh application.

Summary

The applicants, Ajay Mahesh Kumbhar and another, filed an anticipatory bail application under CrPC. Before any merits were argued, they sought the court's permission to withdraw that application and to file a fresh one, agreeing to disclose all criminal antecedents on affidavit. The learned counsel for the applicants requested liberty to withdraw and re‑file. The court considered whether such a withdrawal could be permitted and whether the applicants could be given liberty to file a fresh application. The judge allowed the withdrawal of the anticipatory bail application and granted the applicants liberty to file a fresh application with full disclosure. No merits of the bail claim were examined.

Issues considered

Whether an anticipatory bail application may be withdrawn with the court's permission before hearing on merits
Whether the court can grant liberty to the applicants to file a fresh anticipatory bail application disclosing criminal antecedents

Subjects

anticipatory bail
withdrawal of application
Criminal Procedure Code
liberty to reapply
court permission

Judgment

                                                       3-ABA-2411-2026.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 2411 OF 2026
Ajay Mahesh Kumbhar And Anr.                             …Applicants
      Versus
The State of Maharashtra                                 …Respondent


Mr. Ashok Mundargi, Senior Advocate, a/w Adv. Chaware Asit,
for the Applicants.
Mr. Bapu V. Holambe-Patil, A.P. P., for the Respondent – State.
API Suryawanshi, C.B.D. Belapur Police Station, Navi Mumbai,
is present.


                         CORAM :          PRAFULLA S. KHUBALKAR, J.
                         DATE        :     1ST SEPTEMBER 2026
P.C:-

1.          At the outset, before any arguments on merits are

advanced, learned counsel for applicants seeks permission to

withdraw the instant application with liberty to file fresh

application by disclosing all criminal antecedents on affidavit.


2.          Accordingly, application is permitted to be withdrawn

with liberty as prayed for.




                                           (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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