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Bombay High CourtBA/2686/2025disposed off

Sara @ Sana Salman Khan v. State Of Maharashtra

2025-07-18Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

51-BA-2686-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2686 OF 2025 Sara @ Sana Salman Khan ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

__________ Ms. Shreya Anuwal i/b Mr. Amit Icham, learned Advocate for the Applicant.

Dr. Ashvini A. Takalkar, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

18th JULY 2025.

P.C. :

1.

Heard Ms. Shreya Anuwal, learned Advocate for the Applicant and Dr. Ashvini Takalkar, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 260 of 2025 registered with Nashik Road Police Station, District-Nashik for the offences punishable under Sections 77, 78, 308(2), 351(2) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

3.

Applicant was arrested on 12th June 2025 and since then she Gitalaxmi

51-BA-2686-2025.doc is in jail. Criminal Bail Application No. 222 of 2025 filed by the Applicant was rejected by the learned Special Judge, Nashik-Road by order dated 23rd June 2025.

4.

Dr. Ashvini Takalkar, learned A.P.P. for the State/Respondent submits that prosecution has filed a charge-sheet on 12th July 2025. She therefore submits that there would be change in circumstance. 5.

Ms. Shreya Anuwal, learned Advocate for the Applicant on instructions from the Applicant craves leave to withdraw the present Bail Application with liberty to file a fresh Bail Application before the learned Trial Court in view of the change in circumstance arising out of filing of the charge-sheet. 6.

Dr. Ashvini Takalkar, learned A.P.P. has no objection for the said withdrawal and for filing of the fresh Bail Application before the learned Trial Court in view of the change in circumstance. 7.

Leave granted to withdraw the present Bail Application with liberty to the Applicant to file a fresh Bail before the learned Trial Court. In the event of any such Bail Application is filed by the Applicant before the learned Trial Court, then the same shall be considered on its own merits and in accordance with law. 8.

In view of the above, Criminal Bail Application No. 2686 of 2025 is dismissed as withdrawn with liberty as prayed. [ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.07.21 11:17:27 +0530 Gitalaxmi GITALAXMI KRISHNA KOTAWADEKAR