Bombay High Court
DILIP SHRIRAM KALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the anticipatory bail application.
Summary
Arjun Vitthal Kudhekar filed an anticipatory bail application before the Bombay High Court. The State of Maharashtra, through its counsel, indicated that a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) would be issued to the applicant. In response, the applicant’s counsel sought leave to withdraw the anticipatory bail application. The Court permitted the withdrawal and ordered the application to be disposed of, while expressly leaving all substantive merits open for future consideration.
Issues considered
- Whether an anticipatory bail application may be withdrawn when a notice under Section 35(3) of the BNSS is being issued to the applicant
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(3)
Subjects
- anticipatory bail
- withdrawal
- notice
- BNSS
- criminal procedure
Judgment
43-ABA-85-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.85 OF 2026
Digitally
signed by
ARJUN Dilip Shriram Kale ...Applicant
ARJUN VITTHAL
KUDHEKAR
VITTHAL
KUDHEKAR Date:
Versus
2026.08.18
22:04:44 The State of Maharashtra ...Respondent
+0530
——————
Mr. Vinayak R. Kumbhar, for the Applicant.
Mr. S. S. Ghag, APP, for the Respondent-State.
API B. S. Gurav, Yewalewadi Police Station, Kondhwa Budruk, Pune,
present.
——————
Coram: Madhav J. Jamdar, J.
Date: August 17, 2026
P.C.:
1. Heard Mr. Kumbhar, learned Counsel appearing for the Applicant
and Mr. Ghag, learned APP for the Respondent-State.
2. Mr. Ghag, learned APP, on instructions, submits that a notice
under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(“BNSS”), will be issued to the Applicant and the procedure will be
followed.
3. Considering the submission of the learned APP, Mr. Kumbhar,
learned Counsel for the Applicant, on instructions, seeks leave to
withdraw the Anticipatory Bail Application, as a notice under Section
35(3) of the BNSS is being issued to the Applicant.
4. The Anticipatory Bail Application is allowed to be withdrawn and
disposed of.
Arjun 1
43-ABA-85-2026.doc
5. All contentions on merits are expressly kept open.
[Madhav J. Jamdar, J.]
Arjun 2
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