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Bombay High Court

VINAYK KISHOR SALUNKHEversusTHE 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Disposed off as Withdrawn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 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 Consequently, Bail Application No. 407 of 2026 was disposed of as withdrawn.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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