Bombay High Court

NILESH CHANGDEV BANKAREversusTHE STATE OF MAHARASHTRA

Decided: 6 February 2026
Disposal: Disposed Off
Bench: NEELA KEDAR GOKHALE

Holding

The bail application is disposed of as withdrawn, with liberty to file a fresh application before the trial court.

Summary

Balram Namdev Toke filed a bail application before the Bombay High Court. The applicant's counsel, Mr. Vinod Kashid, after hearing the matter, sought the court's permission to withdraw the bail application and to file a fresh application before the trial court. The bench, presided over by Justice Dr. Neela Gokhale, granted permission to withdraw with liberty to re‑file. Consequently, the bail application was disposed of as withdrawn. The court expressly kept all contentions of the parties open for consideration in any future proceedings.

Issues considered

What procedural requirements must be satisfied for a bail application to be withdrawn in the High Court?
Does the withdrawal of a bail application preclude the filing of a fresh bail application before the trial court?

Subjects

bail
withdrawal
criminal procedure
High Court
application disposal

Judgment

                                                  20-BA-835-2025.DOC




Ajit Pathrikar



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
                  BAIL APPLICATION NO. 835 OF 2025

Balram Namdev Toke                                  ...Applicant
     Versus
The State Of Maharashtra                            ...Respondent
                                 WITH
                 INTERIM APPLICATION NO. 905 OF 2025
                                  IN
                   BAIL APPLICATION NO. 835 OF 2025

Mr. Vinod Kashid, for the Applicant.
Ms. Gauri S. Rao, APP for the State-Respondent.
Mr. Dheeraj Panchange, for the Intervenor/Org. Complainant.


                        CORAM           DR. NEELA GOKHALE, J.
                        DATED:          6th FEBRUARY 2026
PC:-

1.        After arguing the matter for some time, when I was not

not inclined to grant any relief to the Applicant, Mr. Vinod

Kashid, learned counsel for the Applicant, sought permission

to withdraw the present Bail Application with liberty to file a

fresh bail application before the Trial Court.


2.        Permission to withdraw is granted with the aforesaid

liberty.


                                   Page 1 of 2
                              th
                             6 February 2026
                                               20-BA-835-2025.DOC




3.   The Bail Application is accordingly disposed of as

withdrawn.



4.   All contentions of the parties are kept open.



                                            (Dr. Neela Gokhale, J)




                              Page 2 of 2
                         th
                        6 February 2026

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