Bombay High Court

KALPESH TANAJI KIRVEversusSTATE OF MAHARASHTRA

Decided: 22 June 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The anticipatory bail application was allowed to be withdrawn and was disposed of.

Summary

Kalpesh Tanaji Kirve applied for anticipatory bail before the Bombay High Court. During the proceedings, his counsel sought to withdraw the application, stating that a notice under section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS Act) was being served to the applicant. The court considered the request and allowed the withdrawal of the anticipatory bail application, disposing of it and all pending applications. No substantive discussion on the merits of the bail claim was made. The order was pronounced by Justice Shivkumar Dige on 22 June 2026.

Issues considered

Whether an anticipatory bail application can be withdrawn upon the applicant's request after a notice under section 35(3) of the BNSS Act is served

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(3)

Subjects

anticipatory bail
withdrawal of application
Bharatiya Nagarik Suraksha Sanhita
section 35(3)
criminal procedure

Judgment

                                                            10-ABA-3511-2025 (CR).doc



N.S.Kamble


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

     CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3511 OF 2025

Kalpesh Tanaji Kirve                        ...Applicant
VERSUS
State Of Maharashtra                        ...Respondent
____________________________________________________________
Mr.Chetan Deshmukh, for the Applicant.
Ms.G.P. Mulekar, APP for Respondent-State.
____________________________________________________________
                                  CORAM : SHIVKUMAR DIGE, J.
                                  DATE           : 22nd JUNE 2026

P.C. :

.            Heard learned counsel for the Applicant and learned APP.

2.           The learned counsel for the Applicant, on instructions, seeks

leave to withdraw this Application, as notice under 35(3) of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (‘BNSS Act’ for short) is being given to the

Applicant.

3.           Considering the submission of the learned counsel for the

Applicant, the Application is allowed to be withdrawn and disposed of.

4.           All pending Applications are disposed of.



                                                 (SHIVKUMAR DIGE, J.)




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