9-ABA-113-2026.DOC Akash Tayde IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.113 OF 2026 Kiran Ajabrao Patil …Applicant Versus The State of Maharashtra …Respondent Mr. Sanjeev Kadam, Senior Counsel a/w Prashant Raul, Gaurav Pande & Suraj Mhadgut i/b Varsha Thorat, for the Applicant. Mrs. M. M. Deshmukh, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 12th OCTOBER 2026 PC:- 1. Heard Mr. Kadam, learned Senior Counsel appearing for the Applicant and Mrs. Deshmukh, learned APP appearing for the Respondent-State. 2. By the present Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicant is seeking pre-arrest bail in connection with C.R. No. 164 of 2026 registered with Nashik Road Police Station, Nashik City, for the offences punishable under Sections 316(5), 318(4), 336(3), 338, Page 1 9-ABA-113-2026.DOC Akash Tayde 340(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (“BNS”). 3. It is the submission of Mr. Sanjeev Kadam, learned Senior Counsel appearing for the Applicant that the role which is attributed to the present Applicant is that he was present in the police station and has assisted Accused – Sharad Dayaram Shinde in removing some entries and adding some entries in the register which was seized by the Investigation officer. The said register maintained by the office of Deputy Director of Education concerning Shalarth ID. It submitted that the said register is subject matter of two F.I.R’s i.e. C.R. No.164 of 2025, subject FIR and another FIR being C. R. No.216 of 2026 both registered with Nashik Road Police Station, Nashik. It is submitted that the allegations as far as the preset Applicant in both these F.I.R’s are of similar nature of tampering with the said register. The Applicant in second F.I.R. i.e. C.R.No.216 of 2026 was arrested on 13th March 2026 and he was in custody till 17th March 2026. He submits that the chargesheet is also filed. Learned Senior Counsel submits that the only role attributed to the present Applicant is destruction of evidence i.e. under Section 238 of the BNS. He further submits Page 2 9-ABA-113-2026.DOC Akash Tayde that even as per the prosecution case, the Applicant is not involved in main crime of appointment of teachers/non-teaching staff in illegal manner from year 2022-2024 and showing their appointments from the year 2012 and inclusion of their names in the Shalarth ID. He, therefore, submits that the Applicant be released on Anticipatory Bail. 4. On the other hand, Mrs. M. M. Deshmukh, learned Additional Public Prosecutor, submits that, although, it is correct that the similar allegations are there with respect to the subject F.I.R as in the second F.I.R being C.R. No.216 of 2026, however, she states that 48 entries were added in the said register when the same was in police custody and the subject matter of the present C.R.No.164 of 2025 and 51 entries are concerning second FIR i.e. C.R. No.216 of 2026, learned Additional Public Prosecutor therefore submits that therefore custodial interrogation is necessary. 5. Perusal of the record shows that, as per the prosecution case involved in subject FIR i.e. C.R. No.164 of 2025 in various schools appointments of teaching and non-teaching staff were made in or Page 3 9-ABA-113-2026.DOC Akash Tayde about 2022-2024 and their appointments were shown from the year 2012 and accordingly, bogus documents have been created and individual approvals are also obtained by making show of their appointments of the year 2012 and also Shalarth ID approvals have been granted. 6. In view of the above, it is necessary to observe that even, as per the prosecution case, the Applicant is not involved in the said main crime. During the investigation the register maintained by the Deputy Director of Education concerning Shalarth ID’s was seized by police and when the said register was in police custody the Applicant had assisted co-Accused Sharad Dayaram Shinde, Chairman of Late- Dayaram Piraji Shinde, Bahuuddeshiya Sanstha, Loni Khurd, Taluka- Amalner, District- Jalgaon in making some entries in the said register. However, the Applicant is not involved in the main crime. The only allegation against him is of destruction of evidence which is an offence under Section 238 of the BNS. 7. It is also required to be noted that the Applicant was already in custody from 13th March 2026 till 17th April 2026 in second FIR i.e. C.R.No.216 of 2026. Although, the present crime in Page 4 9-ABA-113-2026.DOC Akash Tayde C.R.No.164 of 2025, however, the role of the present Applicant is concerned with the same register. There are no other antecedents. The Applicant has attended the police station on 12 occasions. The chargesheet is already filed. 8. Thus, in the facts and circumstances, the case is made out for grant of Anticipatory Bail by imposing stringent conditions. 9. Accordingly, the following order is passed: O R D E R (a) In the event of arrest of the Applicant- Kiran Ajabrao Patil in connection with C.R.No.164 of 2026 registered with Nashik Road Police Station, Nashik City, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer. (c) The Applicant shall furnish his cell phone number and Page 5 9-ABA-113-2026.DOC Akash Tayde residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 10. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 6