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Bombay High Court

PRADIP DATTATRAY MULIKversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application if needed.

Summary

The applicant, Pradip Dattatray Mulik, filed a bail application seeking release on bail for offences under several sections of the Bharatiya Nyaya Sanhita, 2023. His counsel, Mr. Aditya Raktade, requested permission to withdraw the application and to file a fresh bail application before the trial court if circumstances changed. The State's counsel did not oppose the request. The Court, after hearing, granted leave to withdraw the bail application, allowing the applicant to file a fresh application later, and disposed of the present application as withdrawn.

Issues considered

  • Whether a bail application may be withdrawn with liberty to file a fresh application on change of circumstances

Legislation cited

Subjects

  • bail
  • withdrawal
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • change in circumstances

Judgment

                                                             40-BA-790-2026.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 790 OF 2026
Pradip Dattatray Mulik                        … Applicant
      Versus
The State of Maharashtra And Anr.            … Respondents
__________________________________________________________
Mr. Aditya Raktade, for the Applicant.
Dr. A. A. Takalkar, 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 Bharatiya Nyaya Sanhita, 2023.


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
                                                                              40-BA-790-2026.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 Dr. A. A. Takalkar, 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 ground 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:
        2026.08.31   Arjun                           2
        11:00:31
        +0530


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