Bombay High Court
ROHIT KISHOR NIKALJEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application if circumstances change.
Summary
The applicant, Rohit Kishor Nikalje, filed a bail application in connection with FIR No. 76/2018 alleging offences under Section 307 read with Section 34 of the IPC, Section 4(25) of the Arms Act and Section 37(1) read with Section 135 of the Bombay Police Act. The applicant's counsel, Mr. Vivek Arote, sought leave to withdraw the bail application, stating a desire to file a fresh application if circumstances changed. The State's counsel, Ms. Shilpa G. Talhar, did not oppose the withdrawal. The Court, after hearing both sides, granted leave to withdraw the bail application and allowed the applicant liberty to file a fresh bail application later, to be considered on its own merits. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether a bail application may be withdrawn at the applicant's request and whether the applicant may be granted liberty to file a fresh bail application upon change of circumstances.
Legislation cited
- Arms Act — s. 4(25)
- Bombay Police Act — s. 135, 37(1)
- Indian Penal Code, 1860 — s. 307, 34
Subjects
- bail
- withdrawal
- criminal procedure
- change in circumstances
- IPC
- Arms Act
- Bombay Police Act
Judgment
8-BA-3107-2026.doc
GAYATRI
Digitally signed
by GAYATRI
RAJENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI Date: 2026.08.06
18:39:36 +0530
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3107 OF 2026
Rohit Kishor Nikalje … Applicant
Versus
The State of Maharashtra … Respondent
---
Mr. Vivek Arote, Advocate for Applicant.
Ms. Shilpa G. Talhar, APP for the Respondent – State.
Mr. Ganesh Jagdale – API, Chandannagar Road Police Station,
Pune, present in Court.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 6th AUGUST, 2026
P.C. :
1. Heard Mr. Vivek Arote, learned Advocate for the
Applicant and Ms. Shilpa G. Talhar, learned APP for the State.
2. By the present Application, the Applicant has sought
for the following substantive relief in terms of prayer clause (a) :
“a) That this Hon'ble Court may kindly enlarge the
Applicant on bail in connection with FIR bearing C.R.
No. 76/2018 dated 12/03/2018 registered with
Chandannagar Road Police Station, Dist Pune for
allegedly having committed the offence punishable
under section 307 r/w s 34 of the IPC and u/s. 4(25)
of the Arms Act and u/s.37(1) r/w.s 135 of the
Bombay Police Act.”
Gayatri shimpi 1
8-BA-3107-2026.doc
3. Mr. Vivek Arote, learned Advocate for the Applicant, on
instructions from the Applicant, seeks leave to withdraw the
present Bail Application with liberty to file a fresh Bail Application
before the Trial Court in the event of change in circumstances. This
request is not opposed by Ms. Shilpa G. Talhar, learned APP for the
State.
4. In view of the statement made by Mr. Vivek Arote,
learned Advocate for the Applicant, leave is granted to withdraw
this Bail Application with liberty as prayed. If a fresh Bail
Application is filed on the ground of change in circumstances, the
same be considered on its own merits and in accordance with law.
5. Criminal Bail Application No. 3107 of 2026 is disposed
of as withdrawn.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 2
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