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Bombay High Court

VIVEK SHRIKANT BHANDARKAVTHEKARversusTHE STATE OF MAHARASHTRA

Disposal
Disposed off as Withdrawn

Holding

The Court held that an anticipatory bail application may be withdrawn at the request of the applicant when it is not opposed by the State.

Summary

The applicants, Vivek Shrikant Bhandarkavthekar and another, filed an anticipatory bail application (No. 510 of 2026) seeking release on bail for alleged offences under Sections 420, 408, 504, 506 read with 34 of the Indian Penal Code. The application was presented before the Hon'ble Court of Bombay, Circuit Bench, Kolhapur, with Mr. Onkar Bajaj appearing for the applicants and Dr. Ashvini Takalkar for the State. During the hearing, the applicants expressed a desire to unconditionally withdraw the anticipatory bail application, a request that was not opposed by the State. The Court, after noting the unopposed nature of the request, granted leave to withdraw the application. Consequently, the anticipatory bail application was disposed of as withdrawn.

Issues considered

  • Whether an anticipatory bail application may be withdrawn by the applicant when the State does not oppose the withdrawal?

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • bail jurisprudence
  • IPC offences
  • criminal procedure

Judgment

                                                        501-ABA-510-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                   CRIMINAL APPELLATE JURISDICTION

            ANTICIPATORY BAIL APPLICATION NO. 510 OF 2026

Vivek Shrikant Bhandarkavthekar & Anr.                … Applicants
                    Versus
The State of Maharashtra & Ors.                       … Respondents


                                   ——————
Mr. Onkar Bajaj i/b. Mr. Priyal Gopaldas Sarda for the Applicants.
Dr. Ashvini A. Takalkar, A.P.P. for the Respondent Nos.1 & 2-State.
                                   ——————

                                  Coram :      ASHWIN D. BHOBE, J.

                                  Date     :   16th September 2026.

PER COURT :


1.    This Application is circulated pursuant to the praecipe dated 16 th

September 2026.     The same is taken on record and marked as “X” for

identification. At the request of Mr. Onkar Bajaj, learned Advocate for the

Applicant, this Application was ordered to be placed on ‘Production Board’.


2.    Heard Mr. Onkar Bajaj, learned Advocate for the Applicants and Dr.

Ashvini Takalkar, learned A.P.P. for the Respondent Nos.1 & 2-State.


3.    By the present Application, the Applicants have sought for the




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                                                                             501-ABA-510-2026 (CR).docx


                      following substantive relief :


                              “(a) In the event of arrest of the Applicants, the Respondents No.1

                                   & 2 may be directed to release them on bail in connection

                                   with C.R. No. 627/2026 registered with Jodbhavi Peth Police

                                   Station, Solapur, for offences punishable under Sections 420,

                                   408, 504, 506 read with 34 of the Indian Penal Code, 1860,

                                   on such terms and conditions as this Hon'ble Court may deem

                                   fit and proper.”

                      4.      Mr. Onkar Bajaj, learned Advocate for the Applicants, on instructions

                      from the Applicants, seeks leave to unconditionally withdraw this

                      Anticipatory Bail Application. This request is not opposed by Dr. Ashvini

                      Takalkar, learned A.P.P. for the Respondent Nos.1 & 2-State.


                      5.      In view of the statement made by Mr. Onkar Bajaj, learned Advocate

                      for the Applicants, leave is granted to withdraw this Application.


                      6.      Anticipatory Bail Application No. 510 of 2026 is disposed of as

                      withdrawn.




           Digitally signed
           by OMKAR
                                                            [ ASHWIN D. BHOBE, J. ]
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.09.16
           19:27:28 +0530




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