Bombay High Court
VINAYK KISHOR SALUNKHEversusTHE STATE OF MAHARASHTRA AND ANR.
- 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- Disposed off as Withdrawn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 application before the trial court.
Summary
The applicant, Vinayk Kishor Salunkhe, filed a bail application in Sessions Case No. 45 of 2025 for offences under sections 103(1), 109, 189(1), 189(2), 189(4), 190, 115(2), 352 and 351(1) of the Bombay Police Act. The trial court rejected the application on 21‑02‑2026. After a co‑accused was granted bail in April 2026, the applicant sought to withdraw the pending bail application and obtain liberty to file a fresh one. The respondent’s counsel did not oppose the request. The High Court, noting the lack of opposition, granted leave to withdraw the present application and directed that any fresh bail application be considered on its own merits. Consequently, Bail Application No. 407 of 2026 was disposed of as withdrawn.
Issues considered
- Whether the High Court may permit the withdrawal of a pending bail application and grant liberty to file a fresh bail application before the trial court
Legislation cited
- Bombay Police Act — s. 103(1), 109, 115(2), 189(1), 189(2), 189(4), 190, 351(1), 352
Subjects
- bail
- withdrawal of application
- criminal procedure
- trial court
- co‑accused bail
- liberty to file fresh application
Judgment
37-BA-407-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 407 OF 2026
Vinayk Kishor Salunkhe … Applicant
Versus
The State of Maharashtra And Anr. … Respondents
__________________________________________________________
Mr. Pratik Tare (through V.C.) i/b Mane S. Y., for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 11th August, 2026.
P.C. :
1. By the present Application, the Applicant has sought for
following substantive relief in terms of prayer clause (a):-
(a) That the Applicant be enlarged on bail in
connection with C.R. No. 219 of 2025 at Shirol Police
Station for offences punishable u/s. 103(1), 109, 189(1),
189(2), 189(4), 190, 115(2), 352, 351(1) of BNS.
2. Mr. Pratik Tare, learned Advocate for the Applicant submits
that the Application seeking Bail at Exhibit-6 in Sessions Case No.
45 of 2025, filed by the Applicant was rejected by the Trial Court
on 21.02.2026. He submits that subsequently in the month of
April, 2026 a Co-accused (Prajyot Anil Salokhe), has been granted
Arjun 1
37-BA-407-2026.doc
bail. He, 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 view of the said
subsequent event.
3. The request made by Mr. Pratik Tare, learned Advocate for
the Applicant, is in not opposed by Mr. S. S. Chaudhari, learned
APP for the Respondent – State.
4. In view of the statement made by Mr. Pratik Tare, learned
Advocate for the Applicant, leave is granted to withdraw the
present Bail Application with liberty as prayed.
5. If a fresh Bail Application is filed before the Trial Court,
same be considered on its own merits and in accordance with law.
6. Criminal Bail Application No. 407 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.13
10:44:47
+0530 Arjun 2
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