Bombay High Court
SIKHA YADAVversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- NEELA KEDAR GOKHALE
Holding
The court may permit withdrawal of a bail application and allow the applicant to file a fresh application before the trial court.
Summary
The applicant, Sikha Yadav, filed a bail application in the Bombay High Court. The State counsel informed the court that the charge-sheet had already been filed in the trial court on 22 January 2026. The applicant’s counsel sought permission to withdraw the bail application and to file a fresh application before the trial court. The court granted permission to withdraw the bail application, giving the applicant liberty to file a new application. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- What is the appropriate procedure when a bail application is filed after the charge-sheet has been submitted, and can the applicant withdraw the bail application and re‑file it before the trial court?
Subjects
- bail
- withdrawal
- charge sheet
- criminal procedure
- high court
Judgment
2-BA-580-2026.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 580 OF 2026
Sikha Yadav ...Applicant
Versus
State Of Maharashtra ...Respondent
Ms. Jayshree Tripathi, for the Applicant.
Ms. Megha Bajoria, APP for the State-Respondent.
Ms. Muskan Shaikh i/b Mateen Shaikh, for the
Intervenor/Org. Complainant.
PSI – John Pillay, Vile Parle Police Station, is present.
CORAM DR. NEELA GOKHALE, J.
DATED: 17th FEBRUARY 2026
PC:-
1. Ms. Megha Bajoria, learned APP, states that the charge-
sheet is already filed before the Trial Court on 22 nd January
2026.
2. In view of the statement made by Ms. Bajoria, Ms.
Jayshree Tripathi, learned counsel for the Applicant, seeks
permission to withdraw the present Bail Application with
liberty to file a fresh application before the Trial Court.
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2-BA-580-2026.DOC
3. Permission as sought is granted with the aforesaid
liberty.
4. The Bail Application is accordingly disposed of as
withdrawn.
(Dr. Neela Gokhale, J)
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