Bombay High Court
GANESH BIBHISHAN YEDAGEversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and ordered that any fresh bail application be considered on its merits.
Summary
Ganesh Bibhishan Yedage applied for bail in connection with FIR No. 654 of 2026, alleging offences under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Electricity Act, 2003. While the bail application was pending, the charge‑sheet in the case was filed, prompting the applicant to seek permission to withdraw the bail application and file a fresh one before the trial court. The State of Maharashtra did not oppose the request. The Court, after noting the change in circumstances, granted leave to withdraw the bail application and directed that any fresh bail application be considered on its own merits. Consequently, Bail Application No. 768 of 2026 was disposed of as withdrawn.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn after the charge‑sheet has been filed.
- Whether the applicant may file a fresh bail application before the trial court after withdrawal.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 3(5)
- Electricity Act, 2003 — s. 135
Subjects
- criminal bail
- withdrawal of application
- charge-sheet
- procedural law
- Bharatiya Nyaya Sanhita
- Electricity Act
Judgment
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47-BA-768-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 768 OF 2026
Ganesh Bibhishan Yedage …...Applicant
VERSUS
The State Of Maharashtra And Anr. …...Respondents
_________________________________________________________________
Ms. Sanjana Desai and Adv. S. L. Deshmukh, for Applicant.
Dr. Ashvini A. Takalkar, A.P.P., for Respondent Nos.1 and 2 - State.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
CORAM : ASHWIN D. BHOBE, J.
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.23
20:08:26
+0530
DATE : 23rd SEPTEMBER, 2026.
P.C.
1. Heard Ms. Sanjana Desai, learned Advocate for the Applicant
and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 –
State.
2. By the present Application, the Applicant has sought the
following substantial relief:
“(a) That this Hon’ble Court be pleased to grant Bail to the
Applicant, in connection with F.I.R. bearing no.654 of 2026
dated 21/07/2026 for the offences punishable u/s Sections
105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 135 of the Electricity Act, 2003.”
Shantanu S. Dhudum
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47-BA-768-2026 (CR).DOC
3. Ms. Sanjana Desai, learned Advocate for the Applicant, on
instructions from the Applicant, states that during the pendency of this
Application, the charge-sheet in Crime No.654 of 2026 has been filed. She,
therefore, on instructions from the Applicant, seeks leave to withdraw the
present Bail Application to approach the Trial Court by filing a fresh Bail
Application in view of the aforesaid subsequent change in circumstances.
4. This request is not opposed by Dr. Ashvini A. Takalkar, learned
A.P.P. for Respondent Nos.1 and 2 – State.
5. In view of the statement made by Ms. Sanjana Desai, learned
Advocate for the Applicant, leave is granted to withdraw this Bail
Application with liberty as prayed for.
6. If a fresh Bail Application is filed before the Trial Court, the same
shall be considered on its own merits and in accordance with law.
7. Criminal Bail Application No.768 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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