Bombay High Court

TAKYA ALIAS ATISH DATTA NETAKEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The High Court allowed the withdrawal of the bail application and granted liberty to approach the trial court for a fresh application.

Summary

The applicant, Takya Alias Atish Datta Netake, filed a criminal bail application before the Bombay High Court. The State counsel pointed out that any renewal of bail must be made before the trial court, referencing an earlier order dated 17 September 2025. The applicant's counsel sought permission to withdraw the current application and re‑file before the trial court as permitted. The State did not oppose the withdrawal. The court granted leave to withdraw the application, directing that any fresh bail request be considered on its merits by the trial court, and disposed of the present application as withdrawn.

Issues considered

Whether a bail application pending before the High Court can be withdrawn and re‑filed before the trial court in accordance with the earlier order.

Subjects

bail
withdrawal
procedural law
criminal procedure
high court

Judgment

                                                            504.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
           CRIMINAL BAIL APPLICATION NO. 408 OF 2026

Takya Alias Atish Datta Netake                         ...Applicant
        Versus
The State of Maharashtra And Anr.                  ...Respondents
__________________________________________________________
Mr. Pratik Tare i/b Mane S. Y., for the Applicant.
Dr. Ashvini Takalkar, APP for the Respondent – State.
 __________________________________________________________
                              CORAM : ASHWIN D. BHOBE, J.
                                DATE : 27th August, 2026.
P.C. :
1.       This Application is circulated pursuant to the praecipe

dated 27.08.2026. Same is taken on record and marked “X” for

identification. In view of the urgency expressed by Mr. Pratik Tare,

learned Advocate for the Applicant, this Application was ordered

to be placed on the “Production Board.”


2.       Dr. Ashvini Takalkar, learned APP for the Respondent –

State, by referring to the order dated 17.09.2025 passed by this

Court in Criminal Bail Application No. 972 of 2025, submits that in

the event the Applicant intends to renew his request for bail, then

the same is to be done before the Trial Court at the first instance.




Arjun                            1
                                                                                504.doc



                     3.      Faced with the said objection, Mr. Pratik Tare, learned

                     Advocate for the Applicant, on instructions from the Applicant,

                     seeks leave to withdraw the present Application with liberty to

                     approach the Trial Court in terms of the liberty granted by this

                     Court vide order dated 17.09.2025 passed in Criminal Bail

                     Application No. 972 of 2025.


                     4.      The request made by Mr. Pratik Tare, learned Advocate for

                     the Applicant, is not opposed by Dr. Ashvini Takalkar, learned APP

                     for the Respondent – State.


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

                     Advocate for the Applicant, leave is granted to withdraw the

                     present Application with liberty as prayed.


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

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


                     7.      Criminal Bail Application No. 408 of 2026 is disposed of as

                     withdrawn.



                                                                   (ASHWIN D. BHOBE, J.)
        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:        Arjun                          2
        2026.09.01
        11:02:45
        +0530

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