Bombay High Court

TEJAS KAILAS DAKI AND ORSversusSTATE OF MAHARASHTRA

Decided: 9 September 2026
Disposal: Disposed off as Withdrawn

Holding

The anticipatory bail application may be withdrawn, with liberty to file a fresh application disclosing criminal antecedents.

Summary

The applicants filed an anticipatory bail application but failed to disclose their criminal antecedents. The learned appellate court pointed out this omission and, on the applicants' request, allowed them to withdraw the application. The court granted liberty to file a fresh application, provided the criminal antecedents are disclosed, citing the Supreme Court's decision in Zeba Khan v. State of U.P. The withdrawal was ordered without prejudice to a re‑application. No other substantive merits of the bail application were considered.

Issues considered

Whether the anticipatory bail applicant must disclose criminal antecedents at the time of filing
Whether the court can permit withdrawal of the anticipatory bail application with liberty to re‑apply

Subjects

anticipatory bail
criminal antecedents
withdrawal of application
re‑application
procedural compliance

Judgment

                                                     903-ABA-2515-2026.ODT




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
            ANTICIPATORY BAIL APPLICATION NO. 2515 OF 2026
Tejas Kailas Daki And Ors                                …Applicants
      Versus
The State of Maharashtra                                 …Respondent


Adv. Inderpal Singh, for the Applicants.

Mrs. Megha S. Bajoria, A.P. P., for the Respondent – State.



                         CORAM :          PRAFULLA S. KHUBALKAR, J.
                         DATE        :     9TH SEPTEMBER 2026
P. C:-

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

not disclosed the criminal antecedents, learned counsel for the

applicants, on instructions, seeks permission to withdraw the

application with liberty to file fresh application by disclosing

the criminal antecedents in accordance with judgment of

Hon’ble Supreme Court in the matter of Zeba Khan Vs. State of

U.P. and Ors., reported at 2026 SCC Online SC 188.

2.          Accordingly, the instant Application is permitted to be

withdrawn with liberty as prayed for.




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



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                              9 September 2026

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