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Bombay High Court

MADHUKAR ALIAS MADHU VITHOBA ALIAS VITTHAL MISAL AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
Disposed off as Withdrawn

Holding

The anticipatory bail application was withdrawn by the applicants and therefore disposed of without a substantive ruling on bail.

Summary

The applicants, Madhukar Vithoba Misal and others, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code seeking release in connection with a case registered under multiple offences of the Bhartiya Nyaya Sanhita, 2023. The counsel for the applicants later sought to withdraw the application, a request that was not opposed by the respondents' counsel. The court, after hearing the request, granted leave to withdraw the anticipatory bail application. Consequently, the application was disposed of as withdrawn, and no substantive decision on bail was rendered.

Issues considered

  • Whether anticipatory bail should be granted to the applicants under Section 482 of the Criminal Procedure Code.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • Criminal Procedure Code
  • Section 482
  • Bhartiya Nyaya Sanhita
  • criminal procedure

Judgment

            Digitally signed
            by LAXMIKANT
LAXMIKANT   GOPAL                                                        (20) ABA-427.26.DOCX
GOPAL       CHANDAN
CHANDAN     Date:
            2026.08.18
            18:52:31 +0530                                                                    lgc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                      CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL ANTICIPATORY BAIL APPLICATION NO.427 OF 2026

                        Madhukar @ Madhu Vithoba @
                        Vitthal Misal & ors.                             : Applicants.
                               Versus
                        The State of Maharashtra & ors.                  : Respondents.


                        ______________________________________________________

                        Mr. Nilesh Wable (Through V.C.) i/by Adv. Siyal Magdum for the
                        Applicants.
                        Mr. S. H. Yadav, APP for the Respondent Nos.1 and 2 – State.
                        Mr. Prabodhan Jadhav a/w Adv. Kiran Ghodake for Respondent
                        No.3.
                        ______________________________________________________

                                                  CORAM : ASHWIN D. BHOBE, J.

                                                   DATED : 18 AUGUST 2026
                        PC:-



                        1.     Heard Mr. Nilesh Wable, learned Advocate for the
                        Applicants.

                        2.     By the present Anticipatory Bail Application, the Applicants
                        have sought for the following substantive relief.

                                  “(a)       That this Hon’ble High Court by exercising
                                  powers u/s. 482 of BNSS, be pleased to release the
                                  Applicants on Anticipatory Bail in connection with C. R.
                                  No.605 of 2026 registered with Sangola Police Station for
                                  the offences punishable u/s. 326(g), 118(1), 115(2),
                                  351(2), 352, 189(2), 190, 324(5) of Bhartiya Nyaya



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                                                  (20) ABA-427.26.DOCX


            Sanhita 2023, on such terms and conditions this Hon’ble
            High Court may deem fit and proper.

3.    After having heard the matter for some time, Mr. Nilesh
Wable, learned Advocate for the Applicants, has sought a pass over
to take instructions. After some time, at his request, the matter is
taken up.

4.    Mr. Nilesh Wable, learned Advocate for the Applicants, on
instructions from the Applicant, seeks leave to withdraw the
present Anticipatory Bail Application. This request is not opposed
by Mr. S. H. Yadav, learned APP for the Respondent Nos. 1 and 2
and Mr. Prabodhan Jadhav, learned Advocate for Respondent No.3.

5.    In view of the statement made by Mr. Nilesh Wable, learned
Advocate for the Applicants, leave is granted to withdraw this
Anticipatory Bail Application.

6.    Criminal Anticipatory Bail Application No.427 of 2026 is
disposed of as withdrawn.

                                               (ASHWIN D. BHOBE, J.)




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