Bombay High Court

AJAY DHANAJI BHOSALEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application before the trial court.

Summary

The applicant, Ajay Dhanaji Bhosale, filed a bail application in a Special POCSO case involving offences under the Bhartiya Nyaya Sanhita, the Protection of Children From Sexual Offences Act, 2012 and the Prohibition of Child Marriage Act, 2006. During the hearing, the applicant’s counsel sought permission to withdraw the bail application and to file a fresh one later, contingent upon the examination of eight main witnesses who are family members of the deceased victim. The State counsel highlighted that the prosecution had listed 19 witnesses, of which eight are the principal witnesses. The Court, after considering the request, granted leave to withdraw the present bail application and allowed the applicant to file a fresh bail application before the trial court, subject to the examination of the eight main witnesses or any change in circumstances. The Court directed that any fresh application be decided on its own merits in accordance with law. Consequently, the bail application was disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw the pending bail application and be permitted to file a fresh bail application before the trial court
Whether the court can condition the liberty to file a fresh bail application on the examination of specific witnesses

Legislation cited

Bhartiya Nyaya Sanhita — s. 108, 3(5), 64, 64(2)(m)
Prohibition of Child Marriage Act, 2006 — s. 10, 11, 9
Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8

Subjects

bail
withdrawal
POCSO
child sexual offences
trial court
witness examination
criminal procedure

Judgment

7-BA-778-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 778 OF 2026

Ajay Dhanaji Bhosale … Applicant
Versus
The State Of Maharashtra And Anr. … Respondents

——————
Mr. Rahul R. Rote for the Applicant.
Ms. S.N. Deshmukh, A.P.P. for the Respondents-State.
Officer : API More, Sangola Police Station, present.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 20th August 2026.

PER COURT :

1. Heard Mr. Rahul Rote, learned Advocate for the Applicant and Ms.

Deshmukh, learned A.P.P. for the Respondents-State.

2. By the present Application, the Applicant has sought for the following

substantial relief :

“That this Hon'ble Court be pleased to release the Applicant in the
Special Case No. 17 of 2026 pending before Special (POCSO) Judge,
Pandharpur, Dist. Solapur for Crime No. 925 of 2025 dated 22 nd
November 2025 registered with Sangola Police Station, Solapur Gramin
under section 64, 64 (2)(m), 108, 3(5) of Bhartiya Nyaya Sanhita and
under sections 4,8 and 12 of Protection of Children From Sexual
Offences Act, 2012 and under section 9, 10 and 11 of the Prohibition of
Child Marriage Act, 2006.”

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7-BA-778-2026 (CR).docx

3. After having heard the matter for some time, Mr. Rahul Rote, 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 the event of change in circumstances.

4. Ms. S.N. Deshmukh, learned A.P.P. for the Respondents-State, submits

that the prosecution has enlisted 19 witnesses. She submits that, out of 19

prosecution witnesses, 8 are the main witnesses who are the family members

of the victim.

5. In view of the statement made by Mr. Rahul Rote, learned Advocate for

the Applicant, leave is granted to withdraw the present Bail Application with

liberty to file a fresh Bail Application before the Trial Court upon examination

of 8 main witnesses referred to by Ms. S.N. Deshmukh, learned A.P.P., who are

family members of the deceased victim, or in the event of change in

circumstances.

6. If such an application is filed before the Trial Court, the same be

considered on its own merits and in accordance with law.

7. The Criminal Bail Application No. 778 of 2026 is disposed of as

withdrawn with aforesaid liberty.

Digitally signed
by OMKAR
SHIVAHAR
OMKAR
SHIVAHAR
KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.08.21
19:10:12
+0530

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