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Bombay High Court

ADITYA VIJAY SHINDEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed Off

Holding

The bail application is withdrawn, and the applicant is granted liberty to file a fresh bail application before the trial court if circumstances change or after one year if the trial shows no substantial progress.

Summary

The applicant, Aditya Vijay Shinde, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for alleged offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the hearing, the applicant’s counsel sought to withdraw the application and requested liberty to file a fresh bail petition later if circumstances changed or if the trial did not progress substantially within a year. The State’s counsel agreed to the withdrawal and indicated that prosecution witnesses would be examined promptly. The Court, noting the applicant’s young age (23 years) and the State’s concurrence, granted liberty to file a fresh bail application under the stated conditions. Consequently, the bail application was formally disposed of as withdrawn. The order directed that any future bail application be considered on its own merits in accordance with the law.

Issues considered

  • Whether a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be withdrawn with liberty to file a fresh application later.
  • Whether the Court may grant conditional liberty to file a fresh bail application based on change in circumstances or lack of trial progress.

Legislation cited

Subjects

  • bail
  • withdrawal
  • fresh bail application
  • criminal procedure
  • Section 483
  • age of accused
  • trial progress

Judgment

                                                            14-BA-892-2026.doc



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
              CRIMINAL APPELLATE JURISDICTION
               BAIL APPLICATION NO. 892 OF 2026
Aditya Vijay Shinde                             ...Applicant
        Versus
The State of Maharashtra And Anr.                ...Respondents
__________________________________________________________
Mr. Dhiraj Ghadge (through VC) Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent – State.
 __________________________________________________________
                               CORAM : ASHWIN D. BHOBE, J.
                                DATE : 24th September, 2026.
P.C. :
1.       By the present Application, filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking

regular bail in connection with C.R. No. 190 of 2026 dated 10.04.2026,

registered with Phaltan Rural Police Station, District Satara, for the

offenses punishable under Sections 103(1) and 3(5) of the Bharatiya

Nyaya Sanhita, 2023.


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

learned Advocate for the Applicant, sought a passover. After some time,

at his request, this Application was taken up.


3.       Mr. Dhiraj Ghadge, learned Advocate for the Applicant, on

instructions from the Applicant, seeks leave to withdraw the present

Application with liberty to file a fresh Bail Application before the Trial



Arjun                             1
                                                                                   14-BA-892-2026.doc



                     Court in the event of change in circumstances or after a period of 1

                     year from today, in the event there is no substantial progress in the trial.


                     4.      Mr. N. B. Patil, learned APP for the Respondent – State, submits

                     that he has no objection to grant the request made by Mr. Dhiraj

                     Ghadge, learned Advocate for the Applicant. He states that the

                     prosecution would make an endeavor to examine the main prosecution

                     witnesses i.e. the Father and the two eye witnesses in the Crime No. 190

                     of 2026, at the earliest.


                     5.      In view of the statement made by Mr. Dhiraj Ghadge, learned

                     Advocate for the Applicant and the fair stand taken by Mr. N. B. Patil,

                     learned APP for the Respondent – State, considering that the Applicant

                     is 23 years of age, liberty to the Applicant to file a fresh Bail Application

                     before the Trial Court in the event of change in circumstances, if any, or

                     after a period of 1 year from today, in the event there is no substantial

                     progress in trial, is granted. If a fresh Bail Application is filed on such

                     grounds by the Applicant before the Trial Court, same be considered on

                     its own merits and in accordance with laws.


                     6.      Bail Application No. 892 of 2026 is disposed of as withdrawn.


                                                                     (ASHWIN D. BHOBE, J.)

        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.30
        11:06:14     Arjun                              2
        +0530


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