Bombay High Court

SHRIKRUSHN ALIAS KAPIL SUDARSHAN DALVEversusTHE STATE OF MAHARASHTRA

Disposal: Withdrawn

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Shrikrushn alias Kapil Sudarshan Dalve, filed a bail application before the High Court of Bombay, Aurangabad Bench. During the pendency of the application, the investigating agency filed a charge‑sheet. The applicant sought permission to withdraw the bail application and to file a fresh application before the trial court, attaching the charge‑sheet. The Court granted permission to withdraw, giving liberty to file a fresh application with the charge‑sheet before the learned trial court. It also directed that if the fresh application is filed together with the charge‑sheet, the trial court should decide it in accordance with law. Accordingly, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be withdrawn after a charge‑sheet has been filed
Whether the applicant may be permitted to file a fresh bail application before the trial court with the charge‑sheet attached

Subjects

bail
withdrawal
charge-sheet
criminal procedure
High Court

Judgment

2026:BHC-AUG:40567
                                                -1-
                                                                     949-BA-1683-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1683 OF 2026

                       SHRIKRUSHN ALIAS KAPIL SUDARSHAN DALVE
                                           VERSUS
                              THE STATE OF MAHARASHTRA
                                              ......
              Advocate for Applicant : Mr. Kumar Gaurav More h/f. Mr. Dinesh
              Diliprao Nikam
              APP for Respondent - State : Mr. S. D. Ghayal
                                              ......

                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 3rd SEPTEMBER 2026
              PER COURT :

              1.           Learned Advocate appearing for applicant submits that,
              during pendency of present application, charge-sheet has been
              filed, and therefore, he has instructions to withdraw the present
              application with liberty to file a fresh application before the learned
              Trial Court.

              2.           Permission to withdraw is granted with liberty to file a
              fresh application before the learned Trial Court along with copy of
              charge-sheet.

              3.           In case the application is preferred alongwith the
              charge-sheet then the learned Trial Court decide the same in
              accordance with law.

              4.           Bail application is dismissed as withdrawn with liberty

              as prayed.


                                                      (HITEN S. VENEGAVKAR)
                                                             JUDGE
              Tandale

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