Bombay High Court

MUKESH SIKANDER PODDAR AND ANRversusTHE STATE OF MAHARASHTRA

Decided: 29 September 2026
Disposal: Disposed off as Withdrawn

Holding

The court permitted the withdrawal of the anticipatory bail application and granted liberty to file a fresh application with a duly sworn affidavit.

Summary

The applicants filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court noted an objection that the accompanying affidavit was not properly sworn. The applicants sought permission to withdraw the application and to file a fresh one with a duly sworn affidavit. The court allowed the withdrawal with liberty to re‑file and also disposed of the pending interim application. No substantive merits of the bail claim were decided.

Issues considered

Whether an anticipatory bail application can be withdrawn due to a defect in the affidavit accompanying it
Whether the court may grant liberty to file a fresh application with a properly sworn affidavit

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482

Subjects

anticipatory bail
affidavit defect
withdrawal of application
Section 482
BNSS 2023

Judgment

                                                                    3-ABA-2657-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2657 OF 2026


            Mukesh Sikander Poddar and Anr.                          ...Applicants
                       V/s.
            State of Maharashtra                                     ...Respondent


            Mr. Mayur Vinod Faria a/w Mr. Harshal Hasmukh Salve, for the
            Applicant.
            Mr. Sudarshan P. Bhilare, for Original Complainant/Intervener.
            Ms.Geeta Mulekar, APP for the Respondent – State.


                                CORAM : PRAFULLA S. KHUBALKAR, J.
                                DATE : 29th SEPTEMBER, 2026.
            P.C. :-
            1.           After the learned APP raised an objection on account of
            defect in swearing of affidavit accompanying the application under
            Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),
            the learned counsel for applicant seeks permission to withdraw the
            application with liberty to file fresh application on duly sworn affidavit
            of the applicant.
            2.           The application is accordingly permitted to be withdrawn
            with liberty as prayed for. Pending interim application in this matter is
            also disposed of.



                                                     (PRAFULLA S. KHUBALKAR, J.)

                                               1/1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.