Bombay High Court

YASH ARUN CHOUGULEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application and directed that a fresh application be filed before the trial court.

Summary

The applicant, Yash Arun Chougule, sought enlargement of bail for a case registered under Section 103(1) read with 3(5) of the BNS. The State argued that any renewal of bail must be made before the trial court, referencing an earlier order dated 24 September 2025 in Criminal Bail Application No.3338 of 2025. The applicant’s counsel requested permission to withdraw the present bail application and file a fresh one before the trial court. The State did not oppose this request. The Court granted leave to withdraw the application and directed that any fresh bail application be considered on its own merits by the trial court. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw the pending bail application and seek a fresh bail application before the trial court.
Whether the liberty granted in the earlier order applies to a fresh bail application.

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

bail
withdrawal
criminal procedure
trial court
fresh application

Judgment

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38-BA-362-2026 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 362 OF 2026

Yash Arun Chougule …...Applicant
VERSUS
The State Of Maharashtra And Anr. …...Respondents

_________________________________________________________________

Mr. Pratik G. Tare i/b Mr. Sachin Y. Mane, for Applicant.
Dr. Ashvini A. Takalkar, A.P.P., for Respondent Nos.1 and 2 - State.
PSI, Mr. Govinda Natha Kolekar, Ichalkaranji Police Station, present.
Digitally
signed by
_________________________________________________________________
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.28
21:04:36
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 28th SEPTEMBER, 2026.
P.C.

1. Heard Mr. Pratik G. Tare, learned Advocate for the Applicant and

Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 – State.

2. By the present Application, the Applicant has sought the

following substantial relief:

“a) That the Applicant be enlarged on bail with C.R. No.15 of 2025

registered with Ichalkaranji Police Station for offences

punishable under Section 103(1) r/w 3(5) of the BNS.”

Shantanu S. Dhudum
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38-BA-362-2026 (CR).DOC

3. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2

– State, refers to the order dated 24th September 2025 passed by this

Court in Criminal Bail Application No.3338 of 2025 (Exhibit C, page

No.124). She submits that, in the event the Applicant intends to renew the

request for bail in terms of the liberty granted by this Court, the same will

have to be renewed before the Trial Court at the first instance.

4. Faced with the said objection, Mr. Pratik G. Tare, learned

Advocate for the Applicant, seeks leave to withdraw the present Bail

Application with liberty to approach the Trial Court with a fresh Bail

Application in terms of the liberty granted by this Court vide order dated

24th September 2025 passed in Criminal Bail Application No.3338 of

2025.

5. This request is not opposed by Dr. Ashvini A. Takalkar, learned

A.P.P. for Respondent Nos.1 and 2 – State.

6. In view of the statement made by Mr. Pratik G. Tare, learned

Advocate for the Applicant, leave is granted to withdraw this Bail

Application to approach the Trial Court in terms of the liberty granted by

this Court vide order dated 24th September 2025.

7. If a fresh Bail Application is filed before the Trial Court, the same

be considered on its own merits and in accordance with law.

Shantanu S. Dhudum
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38-BA-362-2026 (CR).DOC

8. Criminal Bail Application No.362 of 2026 is disposed of as

withdrawn.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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