Bombay High Court

AJITSINGH DAULATSINGH SHILEDARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

Anticipatory bail was granted on the condition of a cash bond and compliance with standard bail conditions.

Summary

The applicant, Ajitsingh Daulatsingh Shiledar, was charged under Sections 132, 79, 351(1) and 352 of the Bharatiya Nyaya Sanhita for allegedly abusing officers in a Tahsil office in the presence of female staff. He filed an anticipatory bail application, submitting an affidavit stating that he had already apologized to the informant and undertook not to repeat the conduct. The State opposed bail, arguing that such conduct in a public office must be deterred. The Court observed that custodial interrogation was unnecessary and that the applicant’s apology and undertaking were sufficient to assure non‑repetition and non‑interference with evidence. Consequently, the Court granted anticipatory bail with a cash bond of Rs. 15,000 and imposed standard conditions, including attendance at the police station and non‑contact with witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicant charged with offences under Sections 132, 79, 351(1) and 352 of the Bharatiya Nyaya Sanhita for abusing public officials.
Whether the applicant’s affidavit of apology and undertaking are sufficient to mitigate the risk of tampering with evidence or influencing witnesses.

Legislation cited

Bharatiya Nyaya Sanhita — s. 132, 351(1), 352, 79

Subjects

anticipatory bail
abuse of public servant
criminal intimidation
Bharatiya Nyaya Sanhita
bail conditions
affidavit of apology
non‑interference with evidence

Judgment

                                 -1-
                                                      aba1443.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

     925 ANTICIPATORY BAIL APPLICATION NO. 1443 OF 2026

Ajitsingh Daulatsingh Shiledar                   ….Applicant

VERSUS

The State of Maharashtra & another               …..Respondents

Mr. D. S. Ingole, Advocate holding for Mr. N. S. Ghanekar, Advocate
for Applicant.
Mr. N. R. Dayama, APP for the State.

                              CORAM : R. M. JOSHI, J.
                              DATE : 3rd SEPTEMBER, 2026.
PER COURT :


1.    Applicant seeks pre-arrest bail in connection with Crime No.

0287/2026, registered with City Chowk Police Station, District

Chhatrapati Sambhajinagar, for the offences punishable under

Sections 132, 79, 351(1), 352 of Bharatiya Nyaya Sanhita.



2.    First Information Report indicates that the present Applicant

went to Tahsil office, Chhatrapati Sambhajinagar and abused the

officers including Upper Tahsildar in filthy language.   The incident

has occurred in the presence of female employees of the office.
                                 -2-
                                                       aba1443.26.odt

3.    Learned Counsel for the Applicant submits that this is not a

case wherein custodial interrogation of the Applicant is necessary. He

has placed on record affidavit of the Applicant indicating that he has

already tendered apology to the informant so also he undertakes not

to indulge in such incident in future.



4.    Learned APP opposed grant of protection to the Applicant by

submitting that such conduct of an individual in the public office is

not tolerable.   Hence, in order to set an example, application be

rejected.



5.    Perusal of the First Information Report indicates that the

Applicant seems to have visited the Tahsil Office and abused the

officers in filthy language. Pertinently, the incident has occurred in

presence of female employees of the office. No doubt, this is not a

case wherein custodial interrogation of the Applicant is necessary.

However, such nature of offence cannot be ignored lightly. Applicant,

however, has filed affidavit indicating that he has already tendered

apology to the informant which has been accepted by the informant

so also the Applicant undertakes not to repeat such incident in

future. Said affidavit and undertaking is sufficient to ensure that the
                                       -3-
                                                              aba1443.26.odt

Applicant would not indulge in such incident in future. Only for this

reason, his liberty is protected.



6.    Since     the   incident   has    occurred   in   the    Tahsil   Office,

Chhatrapati Sambhajinagar, this Court thinks it appropriate to direct

the Registrar to forward certified copy of the affidavit to the Tahsil

Office and the Tahsil Office is directed to make the same as part of

their record.



7.    In view of the above, following order is passed :-

                                    ORDER

        (i)     In the event of arrest of applicant Ajitsingh
        Daulatsingh Shiledar, in connection with Crime No.
        0287/2026, registered with City Chowk Police Station,
        District Chhatrapati Sambhajinagar, for the offences
        punishable under Sections 132, 79, 351(1), 352 of
        Bharatiya Nyaya Sanhita, he be released on bail on
        furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen
        Thousand only) with one surety in the like amount.


        (ii)    He shall attend the concerned police station as
        and when called.
                                   -4-
                                                         aba1443.26.odt

      (iii)   He shall not contact the witnesses directly or
      indirectly.


      (iv)    He shall not interfere with the evidence in any
      manner whatsoever.


      (v)     He    is   further   directed   to   cooperate    the
      investigating agency for further investigation.


      (vi)    Learned APP to communicate this order to the
      concerned Investigating Officer.



                                                   ( R. M. JOSHI, J.)

dyb

Continue reading with your account

Checking your session…