Bombay High Court
NITIN ANANDA YADAVversusSTATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application after the victim’s oral testimony is recorded.
Summary
The applicant, Nitin Ananda Yadav, filed a bail application (Criminal Bail Application No.859 of 2026) in connection with CR No.40 of 2026, which is also registered as Special Case No.23 of 2026 before the Additional Sessions Judge, Islampur. The prosecution informed the court that it would examine the victim as its first witness in the trial. Anticipating that the victim’s testimony might affect the bail decision, the applicant’s counsel sought permission to withdraw the present bail application and to file a fresh one after the victim’s oral testimony is recorded. The State’s counsel did not oppose this request. The Court granted leave to withdraw the bail application with liberty to re‑apply after the victim’s examination. Consequently, the bail application was disposed of as withdrawn.
Issues considered
- Whether the bail application may be withdrawn and a fresh application filed after the victim’s testimony has been recorded
Subjects
- bail
- withdrawal
- criminal procedure
- victim testimony
- fresh application
- trial court
Judgment
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905-BA-859-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 859 OF 2026
Nitin Ananda Yadav …...Applicant
VERSUS
State Of Maharashtra And Ors. …...Respondents
_________________________________________________________________
Mr. Umesh H. Pawar, for Applicant.
Mr. S. S. Chaudhari, APP, for Respondent Nos.1 and 2 – State.
Mr. S. M. Shitole, Asst. Police Inspector, Ashta Police Station, present.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.17
15:40:13
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 17th SEPTEMBER, 2026.
P.C.
1. Heard Mr. Umesh H. Pawar, learned Advocate for the Applicant
and Mr. S. S. Chaudhari, learned A.P.P. for Respondent Nos.1 and 3 – State.
2. By the present Application, the Applicant has sought the
following substantial relief:
“(a) This Hon’ble Court may be pleased to release the Applicant
on bail in C.R. No.40 of 2026 registered with Ashta Police
Station, District Sangli on such terms and conditions as
this Hon’ble Court deems fit and proper.”
Shantanu S. Dhudum
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905-BA-859-2026 (CR).DOC
3. After having heard the matter for sometime, Mr. S. S. Chaudhari,
learned A.P.P. for Respondent Nos.1 and 3 - State, on instructions from the
Investigating Officer, states that the Crime No.40 of 2026 is registered as
Special Case No.23 of 2026 and is pending before the Court of Additional
Session Judge, Islampur. He further submits that the charge in Special Case
No.23 of 2026 has been framed and the Trial would commence shortly.
4. Mr. S. S. Chaudhari, learned A.P.P. for Respondent Nos.1 and 3 -
State, on instructions from the Investigation Officer, states that the
prosecution would examine the victim as the first prosecution witness in
Special Case No.23 of 2026.
5. In view of the statement made by Mr. S. S. Chaudhari, learned
A.P.P. for Respondent Nos.1 and 3 – State, that the prosecution would
examine the victim as its first witness in Special Case No.23 of 2026, Mr.
Umesh H. Pawar, 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 upon
conclusion of the examination (oral testimony) of the victim in Special
Case No.23 of 2026.
6. This request of withdrawal and liberty as made by Mr. Umesh H.
Pawar, learned Advocate for the Applicant, is not opposed by Mr. S. S.
Chaudhari, learned A.P.P. for Respondent Nos.1 and 3 – State.
Shantanu S. Dhudum
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905-BA-859-2026 (CR).DOC
7. In view of the statement made by Mr. Umesh H. Pawar, 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 the conclusion of the examination/recording of oral testimony
of the victim in Special Case Number 23 of 2026.
8. Criminal Bail Application No.859 of 2026 is disposed of as
withdrawn.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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