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Bombay High Court

SIDDHIVINAYAK VISHNU KUDALKARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Dismissed as Withdrawn

Holding

The Court allowed the withdrawal of the bail application and directed that a fresh application be filed after the charge‑sheet.

Summary

The applicant, Siddhivinayak Vishnu Kudalkar, filed a bail application (Criminal Bail Application No. 834 of 2026) seeking release on bail for an FIR (No. 257 of 2026) registered under Section 108 of the Bharatiya Nyaya Sanhita. The investigating officer informed the court that the investigation was complete and the charge‑sheet would be filed by 15 September 2026. The applicant’s counsel requested permission to withdraw the pending bail application and to file a fresh bail application after the charge‑sheet is filed, a request unopposed by the State. The Court, after considering the submission, granted leave to withdraw the present bail application and directed that any fresh application be considered on its own merits after the charge‑sheet is filed. Consequently, the bail application was disposed of as withdrawn.

Issues considered

  • Whether a bail application filed during the investigation can be withdrawn and a fresh application filed after the charge‑sheet.
  • Whether the court may grant liberty to the applicant to file a fresh bail application post charge‑sheet.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • investigation
  • charge sheet
  • withdrawal of application
  • Section 108
  • Bharatiya Nyaya Sanhita

Judgment

                                                                                     7 - BA - 834 - 2026.docx


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
       Digitally
       signed by
                                      CRIMINAL APPELLATE JURISDICTION
       VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
       2026.09.07
       19:46:24
                                  CRIMINAL BAIL APPLICATION NO. 834 OF 2026
       +0530



                    Siddhivinayak Vishnu Kudalkar                          … Applicant
                                 V/s.
                    The State of Maharashtra & Anr.                        … Respondents

                    Mr. Mihir Mondkar with Mr. Swapnil Kolgaonkar and Mr.
                    Sanket Nevgi for the Applicant.
                    Mr. S. S. Choudhari, APP for the State.
                    Mr. Pramod B. Kalsekar, Head Constable, Kudal Police
                    Station, Sindhudurg is present.



                                                       CORAM         : ASHWIN D. BHOBE, J.

                                                       DATED         : SEPTEMBER 7, 2026
                    P.C.:


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

                    following substantive relief:

                            “A.     To release the applicant on bail in connection with FIR being No.257
                            of 2026 dated 28.07.2026 registered at Kudal Police Station, Dist. Sindhudurg
                            alleging commission of offences punishable U/s 108 of the Bharatiya Nyaya
                            Sanhita;”

                    2.      Mr. S. S. Choudhari, on instructions from the concerned

                    Investigating Officer, states that the investigation is complete and that

                    the charge-sheet will be filed on or before 15th September 2026.


                    3.      In view of the said statement, Mr. Mihir Mondkar, learned

                    Advocate for the Applicant, states that, as Criminal Bail Application No.




                    VRJ                                                                                    1
                                                          7 - BA - 834 - 2026.docx


152 of 2026 was filed during the ongoing investigation, the Applicant,

on instructions, seeks leave to withdraw the present Application with

liberty to file a fresh Bail Application before the Trial Court after the

filing of the charge-sheet. This request is not opposed by Mr. S. S.

Choudhari, learned APP for the State.


4.    In view of the statement made by Mr. Mihir Mondkar, learned

Advocate for the Applicant, leave is granted to withdraw the present

Bail Application with liberty as prayed for.


5.    If a fresh Bail Application is filed upon the filing of the charge-

sheet in Crime No. 257 of 2026 registered with Kudal Police Station, the

same be considered on its own merits and in accordance with law.


6.    Criminal Bail Application No. 834 of 2026 stands disposed of as

withdrawn.




                                               (ASHWIN D. BHOBE, J.)




VRJ                                                                             2


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