AJAY GHANSHYAMBHAI RATHODversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court allowed the withdrawal of the bail application and granted liberty to file a fresh application, without addressing the merits of the case.
Summary
The petitioner, Ajay Ghanshyambhai Rathod, filed a regular bail application before the filing of a charge-sheet. After the charge-sheet was filed, the petitioner sought permission to withdraw the bail application and to file a fresh one. The learned counsel for the petitioner submitted this request before the High Court of Gujarat. The Court, after considering the request, granted permission to withdraw the application and allowed the petitioner liberty to file a fresh application. The Court expressly stated that it did not examine the merits of the underlying criminal case and discharged the notice.
Issues considered
- Whether a regular bail application filed before a charge-sheet can be withdrawn after the charge-sheet is filed, with liberty to file a fresh application.
Subjects
Judgment
R/CR.MA/11196/2026 ORDER DATED: 08/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11196 of 2026
==========================================================
AJAY GHANSHYAMBHAI RATHOD
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/06/2026
ORDER
Learned advocate for the applicant upon instructions
submits that pending the present application charge-sheet has
been filed and therefore, seeks permission to withdraw the
present application with liberty to file fresh application.
Permission as prayed for is granted. Present application is
disposed of as withdrawn with above liberty. It is made clear that
this Court has not gone into merits of the case. Notice is hereby
discharged.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/06/2026 15:36:45
Page 1 of 1
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.