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Bombay High Court

PRATIK DATTATRAY MULIKversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed off as Withdrawn

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.

Summary

The applicant, Pratik Dattatray Mulik, filed a bail application seeking release on bail for offences under several sections of the BNS. The applicant's counsel, Mr. Aditya Raktade, requested a passover to take instructions and subsequently sought leave to withdraw the bail application with the liberty to file a fresh one if circumstances changed. The respondent's counsel did not oppose the withdrawal. The Court granted the request, allowing the withdrawal and directing that any fresh bail application be considered on its merits. Consequently, Bail Application No. 789 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether the bail application may be withdrawn with liberty to file a fresh application upon change in circumstances

Legislation cited

  • BNS — s. 109, 115(2), 118(1), 118(2), 189(1), 189(2), 190, 332(c)

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • change in circumstances
  • trial court

Judgment

                                                            39-BA-789-2026.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 789 OF 2026
Pratik Dattatray Mulik                        … Applicant
      Versus
The State of Maharashtra And Anr.            … Respondents
__________________________________________________________
Mr. Aditya Raktade, for the Applicant.
Mr. A. S. Shalgaonkar, APP for the Respondent – State.
 __________________________________________________________
                             CORAM : ASHWIN D. BHOBE, J.
                               DATE : 24th August, 2026.
P.C. :


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

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


         (b)       Release the Applicant on bail in connection with
         C.R. No. 210/2026 registered with Karvir Police Station &
         Chargesheet No. 249 of 2026. For offences under Sections
         109, 115(2), 118(1), 118(2), 189(1), 189(2), 190, 332(c)
         of BNS.


2.      After having heard the matter for some time, Mr. Aditya

Raktade, learned Advocate for the Applicant sought a passover to

take instructions from the Applicant. After some time, at his

request, this Application was taken up.



3.      Mr. Aditya Raktade, learned Advocate for the Applicant, on



Arjun                            1
                                                                              39-BA-789-2026.doc



                     instructions from the Applicant, seeks leave to withdraw the

                     present Application with liberty to file a fresh Bail Application

                     before the Trial Court in the event of change in circumstances.



                     4.      The request made by Mr. Aditya Raktade, learned Advocate

                     for the Applicant, is not opposed by Mr. A. S. Shalgaonkar, learned

                     APP for the Respondent – State.



                     5.      In view of the statement made by Mr. Aditya Raktade,

                     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 on

                     the grounds of change in circumstances, same be considered on its

                     own merits and in accordance with law.



                     7.      Criminal Bail Application No. 789 of 2026, is disposed of as

                     withdrawn.



                                                                 (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:        Arjun                           2
        2026.08.31
        10:58:44
        +0530


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