Bombay High Court

VIKAS SHARAD GAIKWADversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISMISSED

Holding

The bail application is dismissed as withdrawn, with liberty to file a fresh application before the trial court.

Summary

Vikas Sharad Gaikwad applied for bail before the Bombay High Court, Aurangabad Bench. During the pendency of the bail application, the prosecution filed a charge-sheet, prompting the applicant's counsel to seek withdrawal of the bail petition and to file a fresh application before the trial court with the charge-sheet. The Court granted permission to withdraw the bail application, directing the applicant to file a fresh application along with the charge-sheet. The Court noted that if the fresh application is filed together with the charge-sheet, the trial court will decide it according to law. Consequently, the bail application was dismissed as withdrawn, with liberty to re‑apply.

Issues considered

What is the appropriate course of action when a charge-sheet is filed during the pendency of a bail application?

Subjects

bail
charge-sheet
withdrawal
criminal procedure
high court

Judgment

2026:BHC-AUG:42815
                                                -1-
                                                                   NOB-1-BA-1706-2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1706 OF 2026

                                  VIKAS SHARAD GAIKWAD
                                           VERSUS
                        THE STATE OF MAHARASHTRA AND ANOTHER
                                              …..
                        Advocate for Applicant : Mr. Yuvraj S. Choudhari
                          APP for Respondents/State : Mr. S. V. Hange
                                              .....
                                           CORAM : HITEN S. VENEGAVKAR, J.
                                           DATED : 15th SEPTEMBER 2026
              PER COURT :

              1.           Not on board. Upon mentioning taken on board.

              2.           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.

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

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

              5.           Bail application is dismissed as withdrawn with liberty
              as prayed.

                                                      (HITEN S. VENEGAVKAR)
                                                             JUDGE


              Tandale

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