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Bombay High Court

KUNDAN GURUNATH TOKAREversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The anticipatory bail application may be withdrawn with liberty to re‑file after the applicant discloses his criminal antecedents.

Summary

The applicant, Kundan Gurunath Tokare, filed an anticipatory bail application before the Bombay High Court. The court observed that the applicant had failed to disclose his criminal antecedents, a requirement mandated by the Supreme Court in Zeba Khan v. State of U.P. The applicant's counsel sought permission to withdraw the pending application and to file a fresh one after making the required disclosure. The court entertained the request and allowed the withdrawal of the anticipatory bail application. It further granted liberty to the applicant to re‑file a fresh application, provided that the criminal antecedents are disclosed as per the Supreme Court precedent.

Issues considered

  • Whether an anticipatory bail application can be withdrawn when the applicant fails to disclose criminal antecedents as required by Supreme Court precedent
  • Whether the court may grant liberty to re‑file a fresh anticipatory bail application after such disclosure

Subjects

  • anticipatory bail
  • criminal antecedents
  • disclosure
  • withdrawal of application
  • Bombay High Court

Judgment

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                                                                            907 - ABA 2414 OF 2026.doc




          Digitally
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          signed by
          KANCHAN
KANCHAN   VINOD
VINOD     MAYEKAR
MAYEKAR   Date:
          2026.08.28
          19:57:51
                                       CRIMINAL APPELLATE JURISDICTION
          +0530




                                 ANTICIPATORY BAIL APPLICATION NO. 2414 OF 2026

                       KUNDAN GURUNATH TOKARE                              ….. APPLICANT
                             VS
                       STATE OF MAHARASHTRA                                ….. RESPONDENT

                       Adv. Nikhil P. Mallelwar a/w. Adv. Dewang S. Mhatre for the
                       Applicant.

                       Ms. Geeta P. Mulekar, APP for Respondent – State.

                                                 CORAM : PRAFULLA S. KHUBALKAR, J.
                                                 DATE : 28TH AUGUST, 2026.

                       P.C. :-

                       1)           After the learned APP pointed out that the applicant has

                       not disclosed the criminal antecedents as required by the judgment of

                       Hon’ble Supreme Court in the matter of Zeba Khan vs. State of U.P.,

                       2026 SCC OnLine SC 188, learned counsel for the applicant seeks

                       permission to withdraw the instant application with liberty to file a

                       fresh application after disclosing the criminal antecedents.

                       2)           Accordingly, the application is permitted to be withdrawn

                       with liberty as prayed for.



                                                               [PRAFULLA S. KHUBALKAR, J.]


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