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Bombay High CourtABA/3407/2025allowed

Dushyant Kesharinandan Mishra v. State Of Maharashtra

2025-12-24Hon'Ble Shri Justice N. R. Borkar2 pages

904-aba-3470-3407-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3470 OF 2025 Akshay S. Dongare ...Applicant V/s.

The State of Maharashtra

...Respondent.

WITH ANTICIPATORY BAIL APPLICATION NO. 3407 OF 2025 Dushyant K. Mishra ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Vinod Pandey and Mr. Hitesh Jain i/b Mr. Alok D. Pandey for the Applicant in ABA/3407/25.

Mr. Vasantkumar Takke for the Applicant in ABA/3470/25. Mr. B.V. Holambe Patil, APP for the Respondent/State. IO - API R.T. Jamadar, Kurar Police Station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

24.12.2025.

P.C. :

1.

By order dated 11th December 2025, I had allowed the A.B.A. No.3407 of 2025 and granted anticipatory bail to the applicant therein.

2.

On 22nd December 2025, I had passed the following order in A.B.A. No.3470 of 2025:

"1.

The anticipatory bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has drawn my attention to the order dated 11.12.2025 in Anticipatory Bail Application No. 3407 of 2025. 2.

The learned APP submits that there are criminal antecedents against the present applicant and against the applicant in Anticipatory Bail Application No. 3407 of 2025 there were no antecedents and the same is recorded in the Dinesh S. Sherla 1/2

904-aba-3470-3407-25.doc order. The learned counsel for the applicant submits that there are antecedents against the said applicant also. 3.

In that view of the matter, list the present application along with Anticipatory Bail Application No. 3407 of 2025 on 24.12.2025 (F.O.B)."

.

In view of the above order both the applications are listed today.

3.

Learned counsel for the applicant in ABA No.3407 of 2025 does not dispute that there are criminal antecedents against the applicant. He, however, submits that the same were disclosed in the said application itself.

4.

Be that as it may, considering the overall facts and circumstances of the case, the order dated 11th December 2025 passed in ABA No. 3407 of 2025 will have to be recalled. The order dated 11th December 2025 passed in ABA No. 3407 of 2025 is accordingly, hereby recalled.

5.

I have heard learned counsel for the applicant in ABA No.3407 of 2025, learned counsel for the applicant in ABA No.3470 of 2025 and the learned APP for the respondent/State, afresh.

6.

List both the applications under the caption for "passing orders" on 5th January 2026.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2