Bombay High Court

RAMESH KALLAPPA CHOUGULEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the anticipatory bail application and disposed of it as withdrawn.

Summary

The applicant filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case registered at Hatkanangale Police Station. The applicant’s counsel later admitted that the affidavit omitted the applicant’s antecedents due to inadvertence and sought permission to withdraw the application and file a fresh one, citing the Supreme Court’s decision in Zeba Khan v. State of U.P. The respondent’s counsel did not oppose the request. The Court, after noting the applicant’s statement, granted leave to withdraw the present application and allowed the applicant to file a fresh application complying with the Supreme Court precedent. Consequently, Anticipatory Bail Application No. 594 of 2026 was disposed of as withdrawn.

Issues considered

Whether an anticipatory bail application filed under Section 482 can be withdrawn after filing.
Whether the court may grant liberty to file a fresh anticipatory bail application when the original affidavit is defective.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482

Subjects

anticipatory bail
withdrawal of application
Section 482
procedural defect
criminal procedure

Judgment

904-ABA-594-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 594 OF 2026
Ramesh Kallappa Chougule ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
_______________________________________________________________
Mr. Pratik Tare i/b S. Y. Mane, Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent – State.
PSI Vishal Yelekar, Hatkanangale Police Station, is present.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 7th October, 2026.
P.C. :

1. By the present Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No. 361 of 2026, registered with

Hatkanangale Police Station, District Solapur.

2. Mr. Pratik Tare, learned Advocate for the Applicant, at the

outset, submits that due to inadvertence, the antecedents of the

Applicant remained to be disclosed in the Affidavit. He therefore seeks

leave to withdraw the present Application with liberty to file a fresh

Anticipatory Bail Application by complying with the requirements of the

decision of the Hon’ble Supreme Court in the case of Zeba Khan v. State

Arjun 1
904-ABA-594-2026.doc

of U.P.1.

3. The request made by Mr. Pratik Tare, learned Advocate for the

Applicant, is not opposed by Mr. N. B. Patil, learned APP for the

Respondent – State.

4. In view of the statement made by Mr. Pratik Tare, learned

Advocate for the Applicant, leave is granted to withdraw the present

Application with liberty as prayed.

5. Anticipatory Bail Application No. 594 of 2026 is disposed of as

withdrawn.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.08
20:24:12
+0530

1 2026 SCC OnLine SC 188

Arjun 2

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