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Bombay High Court

ANIKET VITTHAL KADAMversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application after nine months if there is no substantial progress in the trial.

Summary

Aniket Vitthal Kadam applied for bail in a criminal case involving offences under Sections 109, 118(1), 126(2), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant, through counsel, sought permission to withdraw the present bail application and, if the trial showed no substantial progress, to file a fresh bail application after nine months. The State counsel indicated that the charge was framed on 08.04.2026 and that the prosecution would soon examine the informant and key eyewitnesses, and expressed no objection to the withdrawal request. The Court, after hearing both sides, granted leave to withdraw the current bail application and allowed the applicant to approach the trial court with a fresh bail petition after the stipulated period, provided the trial does not progress substantially. Consequently, Bail Application No. 367 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether the applicant may withdraw the pending bail application and be granted liberty to file a fresh bail application after a specified period if the trial does not progress substantially.

Legislation cited

Subjects

  • bail
  • withdrawal of bail application
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • trial delay

Judgment

                                                               23-BA-367-2026.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 367 OF 2026
Aniket Vitthal Kadam                              ...Applicant
      Versus
The State of Maharashtra And Anr.                 ...Respondents
_______________________________________________________________
Mr. Kuldeep Nikam, Advocate for the Applicant (through VC)
Mr. S. H. Yadav, APP for the Respondent – State.
Mr. N. T. Garale, Kavathemahankal Police Station, is present.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 6th October, 2026.
P.C. :


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

connection    with       C.   R.   No.   410   of   2025,   registered      with

Kavathemahankal Police Station, for the offences punishable under

Sections 109, 118(1), 126(2), 351(2), 351(3) and 3(5) of the Bharatiya

Nyaya Sanhita, 2023.



2.      After having heard the matter for some time, Mr. Kuldeep

Nikam, learned Advocate for the Applicant, on instructions from the

Applicant, seeks leave to withdraw the present Bail Application with

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

period of 9 months from today, in the event there is no substantial

progress in the trial.


Arjun                                1
                                                                                  23-BA-367-2026.doc



                       3.      Mr. S. H. Yadav, learned APP for the Respondent - State, submits

                       that charge is framed on 08.04.2026 and the prosecution would

                       commence the trial by examining the Informant and the main

                       eyewitnesses. He states that he has no objection to grant the request

                       made by Mr. Kuldeep Nikam, learned Advocate for the Applicant.



                       4.      In view of the statements made by Mr. Kuldeep Nikam, learned

                       Advocate for the Applicant and Mr. S. H. Yadav, learned APP, leave is

                       granted to withdraw the present Bail Application with liberty to file a

                       fresh Bail Application before the Trial Court, after a period of 9 months

                       from today, in the event there is no substantial progress in the trial of

                       Sessions Case No. 18 of 2026.



                       5.      Bail Application No. 367 of 2026 is disposed of as withdrawn.



                                                                     (ASHWIN D. BHOBE, J.)




          Digitally
          signed by
          ARJUN
ARJUN     KRISHNA
KRISHNA   RODGE
RODGE     Date:
          2026.10.07
          19:50:04
          +0530




                       Arjun                            2


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