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- Disposed off as Withdrawn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 Consequently, Bail Application No. 367 of 2026 was disposed of as withdrawn.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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 126(2), 3(5), 351(2), 351(3)
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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