Bombay High Court
ANIKET BAPURAO SODMISE AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed off as Withdrawn
Holding
The Court allowed the withdrawal of the bail application and ordered that any fresh bail application be considered on its merits.
Summary
The applicants, Aniket Bapurao Sodmise and another, filed a bail application seeking regular bail in a case registered under several sections of the Bhartiya Nyaya Sanhita and sections 8 and 12 of the POCSO Act. After the investigation concluded, the prosecution filed a charge‑sheet, prompting the applicants' counsel to request withdrawal of the pending bail application and to file a fresh application before the trial court. The State's counsel did not oppose the withdrawal. The Hon'ble Court, after considering the request, granted leave to withdraw the bail application and directed that any new bail application be dealt with on its own merits. Consequently, the bail application No. 925 of 2026 was disposed of as withdrawn.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn after the charge‑sheet has been filed.
- Whether the court can permit the applicants to file a fresh bail application before the trial court.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 115(2), 3(5), 351(2), 351(4), 352, 75, 78
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- criminal bail
- withdrawal of bail application
- charge sheet
- POCSO
- Bhartiya Nyaya Sanhita
- High Court
Judgment
8 - BA - 925 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CIRCUIT BENCH AT KOLHAPUR
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
CRIMINAL APPELLATE JURISDICTION
2026.10.06
19:31:31
+0530
CRIMINAL BAIL APPLICATION NO. 925 OF 2026
Aniket Bapurao Sodmise & Anr. … Applicants
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Sainath Garade (through V.C.) i/by Aadesh Konde
Deshmukh for the Applicants.
Mr. C. D. Mali, APP for the State.
CORAM : ASHWIN D. BHOBE, J.
DATED : OCTOBER 6, 2026
P.C.:
1. By the present Application, the Applicants have sought the
following substantive relief:
“That the Applicants be released on regular bail in CR. No. 0474 of 2026,
registered with Phaltan Rural Police Station 75, 78, 115(2), 351(2), 351(4),
352, and 3(5), of the Bhartiya Nyaya Sanhita (B.N.S) and under sections 8
and 12 of POCSO Act on such terms and conditions as this Hon’ble Court may
deem fit and proper.”
2. Mr. Sainath Garade, learned Advocate for the Applicants, on
instructions from the Applicants, seeks leave to withdraw the present
Bail Application as the investigation in Crime No. 0474 of 2026 is
complete and the prosecution has filed the charge-sheet before the Trial
Court. He submits that in view of the subsequent event of filing of the
charge-sheet, the Applicants intend to file a fresh Bail Application
VRJ 1
8 - BA - 925 - 2026.docx
before the Trial Court. This request is not opposed by Mr. C. D. Mali,
learned APP for the State.
3. In view of the statement made by Mr. Sainath Garade, learned
Advocate for the Applicants, leave is granted to withdraw the present
Bail Application with liberty as prayed.
4. If a fresh Bail Application is filed by the Applicants before the
Trial Court, the same be considered on its own merits and in accordance
with law.
5. Criminal Bail Application No. 925 of 2026 is disposed of as
withdrawn.
(ASHWIN D. BHOBE, J.)
VRJ 2
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