Kunal Nandkishor Yelne vs State of Maharashtra Thr Pso., Ps Sonegaon, Dist. Nagpur — Bombay HC (2026) — LawSathi Research

Kunal Nandkishor Yelne vs State of Maharashtra Thr Pso., Ps Sonegaon, Dist. Nagpur — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application permitted to be withdrawn and disposed of with liberty to file a fresh anticipatory bail application before the Sessions Court; interim order dated 06.03.2026 in Criminal Application (ABA) No.172/2026 extended to remain in force till 18.05.2026; clarification recorded that the application was not heard on merits.

Issue for consideration

Whether the present anticipatory bail application may be permitted to be withdrawn with liberty to file a fresh anticipatory bail application before the Sessions Court, and whether the applicant's interim protection should continue in the meantime.

Court's answer

The application is permitted to be withdrawn and disposed of with liberty as prayed for.

Ratio / Principle

The interim order dated 06.03.2026 passed in Criminal Application (ABA) No.172/2026 shall remain in force till 18.05.2026.

Key takeaways

It is made clear that the application was not heard on merits.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail — withdrawal of application with liberty — Bombay High Court, Nagpur Bench, Criminal Application (ABA) No.368 of 2026 (Kunal Nandkishor Yelne v. State of Maharashtra), decided 07.05.2026 by Rajnish R. Vyas, J. The applicant had earlier preferred ABA No.172/2026, in which ad interim anticipatory bail was granted on 06.03.2026; that application was withdrawn on 24.04.2026 on the basis of the learned APP's statement that a charge-sheet had been filed, though in fact the charge-sheet remained unfiled. In the present application, the learned APP, on instructions of the investigating officer present in Court, undertook that the charge-sheet would be filed within two days, and her statement was accepted as an undertaking to the Court. In the peculiar facts and circumstances, the application was permitted to be withdrawn and disposed of with liberty to file a fresh anticipatory bail application before the Sessions Court; the interim order dated 06.03.2026 passed in ABA No.172/2026 was directed to remain in force till 18.05.2026; and the Court expressly clarified that the application was not heard on merits.

4 aba368.26.odt

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2026:BHC-NAG:7120

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.368 OF 2026 Kunal Nandkishor Yelne Vs. State of Maharashtra

Office Notes, Office Memoranda of Coram,__________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Shri Z.Z. Haq, Advocate for applicant. Ms M.R. Kavimandan, AGP / APP for respondent/State.

CORAM : RAJNISH R. VYAS, J. DATE : 07.05.2026.

This is an application for grant of anticipatory bail.

The learned counsel for the applicant has fairly stated that earlier the applicant has approached this Court by preferring ABA No.172/2026 and vide order dated 06.03.2026, an ad interim anticipatory bail was granted to him. He then pointed out the order dated 24.04.2026 and contended that Criminal Application(ABA) No.172/2026 was withdrawn since the learned APP had made a statement that charge-sheet is filed against the applicant.

By order dated 24.04.2026, the applicant was allowed to withdraw the application i.e. ABA No.172/2026 with liberty to file afresh before the Sessions Court. The interim order dated 06.03.2026 was continued till 30.04.2026.

The learned counsel for the applicant has submitted that it is on the basis of statement made by the learned APP that the charge-sheet was filed therefore, the application was withdrawn. Infact, till today, the charge-sheet is not filed.

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4 aba368.26.odt

The learned APP, on instructions taken from the investigating officer who is present in the Court today, now states that the charge-sheet would be filed within two days. Her statement is accepted as an undertaking to the Court. On the basis of statement made by the learned APP that charge-sheet would be filed within two days from today, the learned counsel for the applicant seeks permission to withdraw the present application with liberty to file fresh anticipatory bail application before the Sessions Court and prays for protection of his liberty.

In the peculiar facts and circumstances of the case, the following order is passed:

(i) The application is permitted to be withdrawn and disposed of with liberty as prayed for.

(ii) The interim order dated 06.03.2026 passed in Criminal Application (ABA) No.172/2026 shall remain in force till 18.05.2026.

(iii) It is made clear that the application was not heard on merits.

(Rajnish R. Vyas, J.)

Wagh