Bombay High Court

NAINA UPADHYAYA AND ANRversusTHE DIRECTORATE OF REVENUE INTELLIGENCE (MZU)

Decided: 30 September 2026
Disposal: Disposed off as Withdrawn

Holding

The anticipatory bail application is not maintainable before the High Court and may be withdrawn for filing before the Sessions Court.

Summary

The applicants, Naina Upadhyaya and another, filed an anticipatory bail application before the Bombay High Court without first approaching the Sessions Court. The learned Assistant Public Prosecutor objected, questioning the maintainability of the application. The applicants' counsel sought permission to withdraw the application and to file an appropriate petition before the Sessions Court. The Court allowed the withdrawal, directing the applicants to approach the Sessions Court, and consequently disposed of the anticipatory bail application.

Issues considered

Whether an anticipatory bail application is maintainable before the High Court without first being filed in the Sessions Court

Subjects

anticipatory bail
maintainability
jurisdiction
High Court
Sessions Court
withdrawal

Judgment

                                                               902-ABA-2751-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2751 OF 2026


            Naina Upadhyaya and Anr.                                ...Applicant
                        V/s.
            The Directorate Of Revenue
            Intelligence (Mzu)                                      ...Respondent

            Mr. Nitish Verma, Mr. Deepak Thakur, Mr. Ashish Tiwari, for the
            Applicant.
            Ms. Megha S. Bajoria, SPP for the Respondent – State.
            Mr. Abhishek Dwivedi, Senior Intelligence Officer is present.

                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 30th SEPTEMBER, 2026.

            P.C. :-

            1.           After the learned APP raised an objection about the

            maintainability of the instant applicant by pointing out the fact that

            the applicant has not approached to Sessions Court before filing the

            instant application, the learned counsel for applicant seeks permission

            to withdraw the instant application with liberty to file appropriate

            application before the Sessions Court.

            2.           Accordingly, the application is permitted to be withdrawn

            with liberty to file appropriate application before the Sessions Court.

            Hence the instant application is disposed of.


                                                     (PRAFULLA S. KHUBALKAR, J.)

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