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Bombay High Court

TEJAS SHIVAJI LOKHANDEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the bail application and granted liberty to file a fresh bail application later, subject to the specified conditions.

Summary

The applicant, Tejas Shivaji Lokhande, 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. The applicant's counsel sought to withdraw the bail application, requesting liberty to file a fresh bail application later if circumstances change or after one year if the trial shows no substantial progress. The State's counsel consented to the withdrawal and assured prompt examination of prosecution witnesses. The Court, noting the applicant's young age and the consent of the State, granted the request to withdraw and allowed the applicant to file a fresh bail application under the stated conditions. Consequently, Bail Application No. 893 of 2026 was disposed of as withdrawn.

Issues considered

  • Whether a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita can be withdrawn with liberty to file a fresh application later.
  • Whether the Court can condition the liberty to file a fresh bail application on a change in circumstances or a lapse of one year without substantive trial progress.

Legislation cited

Subjects

  • bail
  • withdrawal
  • fresh bail application
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • trial progress

Judgment

                                                            15-BA-893-2026.doc



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 893 OF 2026
Tejas Shivaji Lokhande                           ...Applicant
        Versus
The State of Maharashtra And Anr.                ...Respondents
__________________________________________________________
Mr. Dhiraj Ghadge (through VC) Advocate for the Applicant.
Mr. S. S. Chaudhari, 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
                                                                                   15-BA-893-2026.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. S. S. Chaudhari, 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. S. S.

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

                     the Applicant is 24 years of age, liberty to the Applicant to file a fresh

                     Bail Application before the Trial Court in the event change in

                     circumstances, if any, or after a period of 1 years from today, in the

                     event there is no substantial progress in trial, is granted. If a fresh Bail

                     Application is filed by the Applicant before the Trial Court, same be

                     considered on its own merits and in accordance with laws.


                     6.      Bail Application No. 893 of 2026 is disposed of as withdrawn.


        Digitally                                                    (ASHWIN D. BHOBE, J.)
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.30
        11:05:01
        +0530

                     Arjun                              2


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