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Bombay High Court

ANIKET ALIAS NILESH SHRENIK DUDHARKARversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the bail application with liberty to file a fresh application before the trial court.

Summary

The applicant, Aniket Alias Nilesh Shrenik Dudharkar, filed a bail application before the Bombay High Court seeking release on bail for multiple IPC offences. The State counsel cited an earlier order (dated 17‑10‑2024 in Bail Application No. 3916 of 2024) indicating that any renewal of bail must be made before the trial court. The applicant's counsel requested permission to withdraw the present application and file a fresh one before the trial court. The State did not oppose the request. The Court granted leave to withdraw the bail application with liberty to re‑file before the trial court and ordered that any fresh application be considered on its merits. Consequently, Bail Application No. 609 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether the applicant may withdraw the pending bail application before the High Court and re‑file a fresh bail application before the trial court as per the earlier order.

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • trial court
  • liberty to reapply

Judgment

                                                             29-BA-609-2026.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
               BAIL APPLICATION NO. 609 OF 2026
Aniket Alias Nilesh Shrenik Dudharkar              … Applicant
      Versus
The State of Maharashtra And Anr.               … Respondents
__________________________________________________________
Mr. Shubhankar Kulkarni (through VC), 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
          Applicant on bail in connection with C.R. No.310/2022
          registered with Sangli Rural Police Station, Sangli for
          offences punishable under Sections 302, 364, 364A, 365,
          397, 201 read with Section 34 of the Indian Penal Code, on
          such terms and conditions as this Hon’ble Court may deem
          fit and proper;


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

State, refers to the order dated 17.10.2024 passed by this Court in

Criminal Bail Application No. 3916 of 2024, and submits that in

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

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


Arjun                             1
                                                                              29-BA-609-2026.doc



                     3.      Faced with the said objection, Mr. Shubhankar Kulkarni,

                     learned Advocate for the Applicant, 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

                     terms of the liberty granted by this Court vide order dated

                     17.10.2024.



                     4.      The request made by Mr. Shubhankar Kulkarni, learned

                     Advocate for the Applicant, is not opposed by Mrs. S. N.

                     Deshmukh, learned APP for the Respondent – State.



                     5.      In view of the statement made by Mr. Shubhankar Kulkarni,

                     learned Advocate for the Applicant, leave is granted to withdraw

                     the present Bail 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. 609 of 2026 is disposed of as

                     withdrawn.



                                                                 (ASHWIN D. BHOBE, J.)
        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:        Arjun                           2
        2026.08.25
        16:25:22
        +0530


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