Bombay High Court

GOPAL KRISHNA TIWARIversusSTATE OF MAHARASHTRA

Decided: 7 October 2026
Disposal: Disposed off as Withdrawn

Holding

The Court permitted the withdrawal of the anticipatory bail application, allowing the applicant to file an appropriate application before the Sessions Court.

Summary

The applicant, Gopal Krishna Tiwari, filed an anticipatory bail application after a Zero FIR registered at Virar Police Station was transferred to Shirdi Police Station and later re-registered at Virar. The court noted that the applicant had not approached the Sessions Court as required, rendering the bail application potentially non‑maintainable. Counsel for the applicant sought permission to withdraw the anticipatory bail application and to file a suitable application before the Sessions Court after obtaining a copy of the FIR. The High Court allowed the withdrawal of the anticipatory bail application, granting the applicant liberty to pursue the appropriate remedy in the Sessions Court. Consequently, the bail application was dismissed without prejudice.

Issues considered

Is the anticipatory bail application maintainable when the FIR has been transferred and the applicant has not approached the Sessions Court?
Can the applicant be permitted to withdraw the anticipatory bail application and file a fresh application before the Sessions Court?

Subjects

anticipatory bail
Zero FIR
FIR transfer
withdrawal of application
Criminal Procedure Code

Judgment

                                                                904-ABA-2827-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2827 OF 2026


            Gopal Krishna Tiwari                                    ...Applicant
                       V/s.
            State of Maharashtra                                    ...Respondent


            Mr. Bhaskar Jha (through V.C), Mr. Abhishek Ovbet, Mr. Hemang
            Upadhay, for the Applicant.
            Mr. Bapu V. Holambe Patil, APP for the Respondent – State.
            Mr. Niwas Garale, Virar Police Station, Mumbai, is present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 07th OCTOBER, 2026.
            P.C. :-

            1.           Learned APP pointed out that the applicant has sought for

            transit anticipatory bail by stating that a Zero FIR was registered with

            Virar Police Station, which was transferred to Shirdi Police Station. It

            is stated that now the FIR having specific number is registered at Virar

            Police Station and thereafter the applicant has failed to approach

            before the Sessions Court and on this count he submits that the instant

            application is not maintainable.

            2.           In view of this, learned counsel for applicant, on

            instructions, seeks permission to withdraw the instant application,

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                                                  904-ABA-2827-2026.doc

with liberty to file appropriate application before the Sessions Court

by obtaining copy of FIR.

3.         Accordingly, the application is permitted to be withdrawn

with liberty as prayed for.

                                       (PRAFULLA S. KHUBALKAR, J.)




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