Bombay High Court

UMESH KANTKUMAR GAUTAMversusSTATE OF MAHARASHTRA

Decided: 22 June 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court permitted the withdrawal of the present bail application and directed that a fresh bail application be filed in the trial court within two weeks.

Summary

Umesh Kantikumar Gautam applied for bail in a 2020 offence (Crime No. 2666) before the Bombay High Court. His counsel, Mr. Prasad Avad, requested permission to withdraw this bail application so that a fresh bail petition could be filed directly in the trial court, relying on a liberty granted in an earlier High Court order dated 12‑10‑2023 in Bail Application No. 802 of 2023. The State’s counsel did not oppose the request. The Court allowed the withdrawal, directing that any fresh bail application be filed within two weeks and be heard on its own merits. Consequently, Bail Application No. 4727 of 2025 was disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw a pending bail application and file a fresh bail petition in the trial court under the liberty granted in a prior High Court order

Subjects

bail
withdrawal
criminal procedure
trial court
fresh application
expeditious hearing

Judgment

                                                        505-BA-4727-2025.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
              CRIMINAL BAIL APPLICATION NO. 4727 OF 2025
Umesh Kantikumar Gautam                             … Applicant
     Versus
The State Of Maharashtra                    … Respondent
__________________________________________________________
Mr. Prasad Avad, Advocate for the Applicant.
Mrs. Rajeshree Newton, APP for the Respondent – State.
__________________________________________________________

                               CORAM : ASHWIN D. BHOBE, J.
                                DATE : 22nd June, 2026.
P.C. :


1.       Heard Mr. Prasad Avad, learned Advocate for the Applicant

and Mrs. Rajeshree Newton, learned APP for the Respondent-State.



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

Crime No. 2666 of 2020 registered at Dattawadi Police Station,

District – Pune.



3.       Mr. Prasad Avad, learned Advocate for the Applicant, seeks

leave to withdraw the present Bail Application to approach the

Trial Court with a fresh Bail Application in terms of the liberty

granted by this Court in the order dated 12.10.2023 passed in Bail



Vivekanand                            1
                                                        505-BA-4727-2025.doc



Application No. 802 of 2023. This request is not opposed by Mrs.

Rajeshree Newton, learned APP for the Respondent-State.



4.       In view of the statement made by Mr. Prasad Avad, learned

Advocate for the Applicant, leave is granted to withdraw the

present Bail Application to file a fresh Bail Application before Trial

Court in terms of the liberty granted in the order dated 12.10.2023

passed in Bail Application No. 802 of 2023. If a fresh Bail

Application is filed, the same be considered on its own merits and

in accordance with law.



5.       If such Application is filed within a period of two weeks

then the same be considered expeditiously.



6.       Criminal Bail Application No. 4727 of 2025 is disposed of as

withdrawn.



                                            (ASHWIN D. BHOBE, J.)




Vivekanand                            2

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