Mehraj Murtuza Khan v. State Of Maharashtra And ANR

42-ba1750-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1750 OF 2025 Mehraj Murtuza Khan ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents ATUL GANESH KULKARNI Mr. Akshay Bhalerao i/by Ms. Pooja Jadhav for the applicant.

ATUL GANESH KULKARNI Date: 2025.08.14 16:47:27 +0530 Mr. Prasanna P. Malshe, APP for respondent No.1-State. Mr. Viral Mukte for respondent No.2-victim (appointed as Legal Aid).

CORAM

: AMIT BORKAR, J.

DATED : AUGUST 14, 2025 P.C.:

1.

This is a bail application filed by the applicant under Section 439 of the Criminal Procedure Code, 1973. The matter was taken up for hearing. Learned Advocate appearing for the applicant made submissions in support of the prayer for grant of bail. However, after hearing the submissions and upon a prima facie consideration of the material on record, this Court was not inclined to grant the relief as prayed.

2.

At this stage, learned Advocate for the applicant, on instructions, seeks permission to withdraw the present bail application with liberty to file fresh application after recording evidence of victim. The request was made with an understanding

42-ba1750-2025.doc of the consequences of such withdrawal.

3.

In view of the above, the present bail application is allowed to be withdrawn.

4.

However, the applicant shall be at liberty to renew the request for bail after recording evidence of victim by the Trial Court.

5.

The Trial Court shall endeavor to examine the victim at the earliest possible.

(AMIT BORKAR, J.)