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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Disposed off as Withdrawn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 Consequently, the bail application was disposed of as withdrawn.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  • Whether the bail application may be withdrawn and a fresh application filed after the victim’s testimony has been recorded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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