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Bombay High Court

PRATIMA AMIT BHATIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed To be withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and permitted the applicant to file a fresh application with full disclosure of antecedents.

Summary

The applicant, Pratima Amit Bhati, filed an anticipatory bail application which the respondent's counsel highlighted omitted certain antecedent facts. The respondent argued that these undisclosed antecedents should be considered. The applicant's counsel then sought to withdraw the existing anticipatory bail application and requested permission to file a fresh one disclosing all antecedents. The Court permitted the withdrawal of the anticipatory bail application and granted liberty to file a new application with full disclosure. The Court expressly stated that it had not examined the merits of the bail claim and left all substantive issues open for future consideration.

Issues considered

  • Whether an anticipatory bail application can be withdrawn upon the applicant's request.
  • Whether the applicant must disclose all antecedent facts in the anticipatory bail application.

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • bail
  • antecedents

Judgment

                                                        902 ABA-2527-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2527 OF 2026
Pratima Amit Bhati                                         …Applicant
            Vs.
The State of Maharashtra                                   …Respondent


Mr. Swaraj Thorat i/b Mr. Sumit Chaudhary, for the Applicant.
Ms. M.R. Tidke, APP for the Respondent-State.
PI Pathan, Unit 7, Crime Branch, Pune City.


                       CORAM:         MADHAV J. JAMDAR, J.
                       DATE :         17th SEPTEMBER, 2026
P. C.:

1.       At the outset, Ms Tidke, learned APP states that there are

antecedents against the Applicant which are not mentioned in the

anticipatory bail application.


2.       In view of the said submission made by Ms. Tidke, learned

APP, Mr. Thorat, learned counsel appearing for the Applicant seeks

withdrawal of this anticipatory bail application with liberty to file

fresh anticipatory bail application by disclosing particulars of all

the antecedents.

3.       Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn with liberty as sought.




                                       Page 1 of 2
                                 17th September, 2026
                                                     902 ABA-2527-2026.DOC
skt



4.    It is clarified that this court has not considered merits and all

contentions of the parties are expressly kept open.


                                            [MADHAV J. JAMDAR, J.]




                                    Page 2 of 2
                              17th September, 2026


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