Bombay High Court

UPENDRA RAMJI RAI AND ANRversusTHE STATE OF MAHARASHTRA

Decided: 1 October 2026
Disposal: Disposed off as Withdrawn

Holding

The Court held that the anticipatory bail application may be withdrawn, provided the applicants are given liberty to file a fresh application after fully disclosing their criminal antecedents.

Summary

The applicants, Upendra Ramji Rai and another, filed an anticipatory bail application but failed to disclose their criminal antecedents as required by Supreme Court precedent. The learned Assistant Public Prosecutor highlighted this omission, citing Zeba Khan v. State of U.P. (2026) and Kusha Duruka v. State of Odisha (2024). The applicants' counsel sought permission to withdraw the pending application and to file a fresh one after full disclosure. The Court examined the necessity of disclosing antecedents to ensure fairness and compliance with higher court directives. Accordingly, the Court permitted the withdrawal of the current application and granted liberty to file a fresh application before the Sessions Court with proper disclosure.

Issues considered

Whether the anticipatory bail application can be withdrawn when the applicants have not disclosed their criminal antecedents as mandated by Supreme Court judgments
Whether the applicants must disclose all criminal antecedents before filing a fresh anticipatory bail application

Subjects

anticipatory bail
criminal antecedents
withdrawal of application
disclosure requirement
Supreme Court precedent

Judgment

                                                                905-ABA-2754-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2754 OF 2026


            Upendra Ramji Rai and Anr.                              ...Applicant
                       V/s.
            State of Maharashtra                                    ...Respondent


            Mr. Jainish Jain, for the Applicant.
            Mr. Dinesh Dubey           a/w     Mr.   Rohit    Pandey,    for    First
            Informant/Intervener.
            Mr. Prasanna P. Malshe, APP for the Respondent – State.
            Mr. Milind Khairnar, PSI, EOW. Unit-6, Mumbai is present.



                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 01st OCTOBER, 2026.
            P.C. :-

            1.           After the learned APP pointed out that the applicants have

            not disclosed the criminal antecedents in accordance with judgments

            of the Hon’ble Supreme Court in the matter Zeba Khan V. State of U.P.

            and Others, 2026 INSC 144 and Kusha Duruka v. The State of Odisha,

            2024 INSC 46, the learned counsel for applicants seek permission to

            withdraw the instant application with liberty to file a fresh application

            after disclosing all the criminal antecedents. Accordingly, the



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                                                 905-ABA-2754-2026.doc

application is permitted to be withdrawn with liberty to file fresh

application before Sessions Court.



                                       (PRAFULLA S. KHUBALKAR, J.)




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