Aayush Pradeep Tayal v. State Of Maharashtra

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2609 OF 2025 Digitally signed by NIKITA KAILAS DARADE Date:

2025.07.09 10:53:42 +0530 Aayush Pradeep Tayal ... Applicant V/s.

The State of Maharashtra ... Respondent NIKITA KAILAS DARADE Mr. Aabad Ponda, Senior Advocate a/w Mr. Paras Mittal for the Applicant.

Mr. A. A. Palkar, APP for the State.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 8th JULY, 2025 P.C.:

1.

Heard Mr. Aabad Ponda, learned Senior Advocate for the Applicant. Mr. A. A. Palkar, learned APP for the State. 2.

By the present application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking bail in connection with C. R. No.388 of 2024 registered with Mundhwa Police Station, Pune for the offences punishable under Sections 105, 185, 134 (A), 134(B), of the MVA arising out of a motor car and bike accident.

3.

Mr. A. A. Palkar, learned APP for the State, points out to the order dated 20.02.2025, passed by this Court in Bail Application No.443 of 2025 and submits that the liberty to file a fresh bail application, is required to be availed before the learned Trial Court, at the first instance.

4.

In view of the above, Mr. Aabad Ponda, learned Senior

Advocate for the Applicant, on the instructions from the Applicant craves leave to withdraw the present application, for filing a fresh bail application before the Trial Court, in terms of the liberty granted by this Court in its order dated 20.02.2025 passed in Bail Application No.443 of 2025. He submits that the Applicant has urgency and therefore, the bail application will be filed before the Trial Court within a period of two days from today. He makes a request that upon filing of such application, the Trial Court be directed to consider and dispose off such application expeditiously and within a stipulated time.

5.

Mr. A. A. Palkar, learned APP has no objection for the recourse suggested by Mr. Aabad Ponda, learned Senior Advocate for the Applicant.

6.

In view of the above, the Applicant is at liberty to file a fresh bail application before the learned Trial Court. Such application shall be considered on its own merits, in accordance with law and uninfluenced by the earlier order passed by the learned Trial Court. Considering the observations made in the order dated 20.02.2025 passed in Bail Application No.443 of 2025, if such application is filed within a period of two days from today, the learned Trial Court is requested to make an endeavor to dispose off such application expeditiously and at any rate within a period of two weeks from the first date of hearing of the said application. 7.

Bail Application No.2609 of 2025 is dismissed as withdrawn with liberty as above.

(ASHWIN D.

BHOBE. J.)