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Bombay High Court

KIRAN YUWRAJ BHILAREversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The High Court allowed the withdrawal of the bail application and disposed of it as withdrawn.

Summary

The applicant, Kiran Yowraj Bhilare, filed a criminal bail application (No. 1130 of 2026) in a case registered at Sinhagad Road Police Station, Pune. The applicant's counsel sought to withdraw the bail application and re‑file it before the trial court, relying on observations made by the High Court in a prior bail order dated 01‑12‑2025 (Criminal Bail Application No. 4042 of 2025). The respondent’s counsel did not oppose the withdrawal. The High Court, after noting the applicant’s intention and the lack of opposition, granted leave to withdraw the present bail application and directed that any fresh application be considered on its own merits. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • What is the procedural propriety of withdrawing a criminal bail application before the High Court?
  • Whether the applicant may re‑file a fresh bail application before the trial court after withdrawal.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • High Court
  • trial court

Judgment

                                                        502-BA-1130-2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
              CRIMINAL BAIL APPLICATION NO. 1130 OF 2026
Kiran Yowraj Bhilare                                … Applicant
     Versus
The State Of Maharashtra                    … Respondent
__________________________________________________________
Mr. Om Latpate i/b Mr. Kuldeep Nikam, for the Applicant.
Mr. V. B. Konde-Deshmukh, APP for the Respondent – State.
__________________________________________________________

                               CORAM : ASHWIN D. BHOBE, J.
                                DATE : 10th July, 2026.
P.C. :


1.       This Application was circulated in view of the praecipe

dated 10.07.2026. In view of the request made by Mr. Om Latpate,

learned Advocate for the Applicant, this Application was ordered

to be listed on the “Production List”. Accordingly, this Application

is at Serial No. 502.



2.       By the present Application, the Applicant is seeking bail in

Crime No. 581 of 2023, registered with Sinhagad Road Police

Station, Pune.



3.       Mr. Om Latpate, learned Advocate for the Applicant, on



Vivekanand                            1
                                                        502-BA-1130-2026.doc



instructions from the Applicant, submits that the Applicant intents

to approach the Trial Court in terms of the observations made by

this Court in the order dated 01.12.2025 passed in Criminal Bail

Application No. 4042 of 2025. This request is not opposed by Mr. V.

B. Konde-Deshmukh, learned APP for the Respondent-State.



4.       In view of the statement made by Mr. Om Latpate, learned

Advocate for the Applicant, leave is granted to withdraw the

present Bail Application as prayed. If a fresh Bail Application is

filed before the Trial Court, same be considered on its own merits

and in accordance with law.



5.       Criminal Bail Application No. 1130 of 2026 is disposed of as

withdrawn.



                                            (ASHWIN D. BHOBE, J.)




Vivekanand                            2


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