Bombay High Court
USHIK MAHESH GALE AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The High Court held that the anticipatory bail application filed directly before it is not maintainable and may be withdrawn with liberty to approach the Sessions Court.
Summary
The applicants filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking transit bail in connection with an FIR registered in Uttar Pradesh alleging offences under several sections of the BNS. The High Court observed that the application was filed directly before it, raising a jurisdictional objection. The learned counsel for the applicants requested permission to withdraw the application and instead approach the Sessions Court in Mumbai. The Court allowed the withdrawal, granting liberty to file a suitable application before the Sessions Court. It directed that any such application filed thereafter be decided by the Sessions Court at the earliest.
Issues considered
- Whether the High Court has jurisdiction to entertain the anticipatory bail application filed directly before it
- Whether the applicants may withdraw the application and seek transit anticipatory bail before the Sessions Court
Legislation cited
Subjects
- anticipatory bail
- jurisdiction
- Section 482
- withdrawal
- transit bail
Judgment
501-aba2617-26.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL ANTICIPATORY BAIL APPLICATION NO.2617 OF 2026
Digitally signed Ushik Mahesh Gale & Ors. ...Applicants
by VASANT
ANANDRAO V/s.
IDHOL State of Maharashtra & Anr. ...Respondents
Date:
2026.09.17
10:47:38 +0530
Mr.Rishi Bhuta with Mr.Sameer Tapia, Mr.Pushkraj Deshpande and
Mr.Rohan Marathe i/b ALMT Legal for the Applicants.
Mr.Bapu V. Holambe Patil, APP for Respondent No.1 – State.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 16TH SEPTEMBER, 2026.
P.C. :-
1. Heard learned counsel for the applicants as well as learned APP
for the respondents.
2. By this application under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) the applicants are seeking transit
anticipatory bail in connection with FIR No.316 of 2026 registered with
Sector 63 Police Station at Commissionerate, Gautam Buddha Nagar in the
State of Utter Pradesh. The offences alleged in the FIR against the applicants
are under Sections 318(4), 338, 336(3), 340(2) and 61 of BNS.
3. During arguments, when it was pointed out by the learned APP
that the applicants have filed this application directly before this Court and
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501-aba2617-26.doc
raised objection on that count, learned counsel for applicant seeks
permission to withdraw this application with liberty to file appropriate
application for seeking transit anticipatory bail before the Sessions Court at
Mumbai.
4. In view of this, the instant application is disposed of as
withdrawn with liberty as prayed for.
5. It is however directed that in case the applicants file any
application seeking transit anticipatory bail, the Sessions Court shall decide
the same at the earliest.
(PRAFULLA S. KHUBALKAR, J.)
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