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Bombay High Court

ROHIT GAUTAM SALVIversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed off as Withdrawn

Holding

The anticipatory bail application is permitted to be withdrawn with liberty to file a fresh application disclosing all criminal antecedents.

Summary

Rohit Gautam Salvi applied for anticipatory bail. The court noted that he had failed to disclose all his criminal antecedents in the affidavit, contrary to the Supreme Court’s directive in Zeba Khan v. State of U.P. The applicant’s counsel sought permission to withdraw the bail application and re‑file a fresh one with full disclosure. The judge allowed the withdrawal and granted liberty to file a new application complying with the required disclosure. No substantive merits of the bail claim were decided.

Issues considered

  • Whether the anticipatory bail application can be withdrawn due to non‑disclosure of criminal antecedents
  • Whether the applicant may be permitted to file a fresh application after correcting the disclosure

Subjects

  • anticipatory bail
  • criminal antecedents
  • withdrawal of application
  • procedural compliance
  • Supreme Court precedent

Judgment

                     KVM
                                                      1/1
                                                                        902 - ABA 2621 OF 2026.doc


        Digitally
        signed by
        KANCHAN
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:
        2026.09.18
        14:38:18
        +0530
                                      CRIMINAL APPELLATE JURISDICTION

                               ANTICIPATORY BAIL APPLICATION NO. 2621/2026

                     ROHIT GAUTAM SALVI                               ….. APPLICANT
                          VS
                     THE STATE OF MAHARASHTRA                         ….. RESPONDENT

                     Adv. Parimal Wagh (Thr. V.C.) a/w. Adv. Neha Pawar i/b. Adv. Pavan
                     Ghatkar for the Applicant.
                     Ms. Megha S. Bajoria, APP for the Respondent – State.
                     ASI Gururaj J. Nalage, Chunabhatti Police Station, Mumbai present.

                                               CORAM : PRAFULLA S. KHUBALKAR, J.
                                               DATE : 18TH SEPTEMBER, 2026
                     P.C. :-

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

                     not disclosed all the criminal antecedents on affidavit in this

                     application, learned counsel for the applicant seeks leave to withdraw

                     the instant application with liberty to file a fresh application by

                     disclosing all the criminal antecedents as required by the judgment of

                     Supreme Court in the matter of Zeba Khan vs. State of U.P., 2026 SCC

                     OnLine SC 188.

                     2)           Accordingly, application is permitted to be withdrawn

                     with liberty as prayed for.

                                                            [PRAFULLA S. KHUBALKAR, J.]


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