Bombay High Court

DILIP ARVIND PRABHUNEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The bail application is withdrawn, and the applicant is granted liberty to file a fresh bail application before the trial court.

Summary

The applicant, Dilip Arvind Prabhune, filed a bail application before the Bombay High Court seeking release on bail for offences under the Bharatiya Nyaya Sanhita, 2023. The State of Maharashtra objected, citing an earlier order dated 1 December 2025 which directed that any fresh bail application must be filed before the trial court. The applicant’s counsel, Ms. Preeti Dawada, requested permission to withdraw the present application and approach the trial court with a new bail petition. The Court, after considering the objection and the applicant’s request, granted leave to withdraw the bail application and allowed the liberty to file a fresh application before the trial court. The Court directed that any new bail application be decided on its own merits and in accordance with law. Consequently, the present bail application was disposed of as withdrawn.

Issues considered

Whether the bail application pending before the High Court can be withdrawn in view of the earlier order directing fresh applications to be filed before the trial court.
Whether the applicant is entitled to liberty to file a fresh bail application before the trial court.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(2)(3), 340(2), 3(5)

Subjects

bail
withdrawal
fresh bail application
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

28-BA-607-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 607 OF 2026
Dilip Arvind Prabhune … Applicant
Versus
The State of Maharashtra And Anr. … Respondents

__________________________________________________________
Ms. Preeti Dawada i/b Rahul Dhaygude, for the Applicant.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 21st August, 2026.
P.C. :

1. By the present Application the Applicant has sought for the

following substantive relief in terms of prayer clause (A) :-

(A) This Hon’ble Court be pleased to release the
present Applicant i.e. Accused Mr. Dilip Arvind Prabhune
on Bail in connection with FIR vide CR No. 124 of 2025
registered with Satara Police Station for the offence
punishable under Sections 318(4), 316(2), 336(2)(3),
340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Mrs. S. N. Deshmukh, learned APP for the Respondent –

State, refers to the order dated 1.12.2025 passed by this Court in

Criminal Bail Application No. 2613 of 2025 and submits that the

Arjun 1
28-BA-607-2026.doc

liberty granted by this Court to file a fresh Bail Application is

required to be availed before the Trial Court at the first instance.

3. Faced with the said objection, Ms. Preeti Dawada, learned

Advocate for the Applicant, on instructions from 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 its order dated 01.12.2026 passed in

Criminal Bail Application No. 2613 of 2025.

4. In view of the statement made by Ms. Preeti Dawada,

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. 607 of 2026 is disposed of as

withdrawn.

(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.25
16:20:21 Arjun 2
+0530

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