Bombay High Court

SAGAR ALIAS AKASH SANDIP SABALEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court allowed the anticipatory bail application, finding no necessity for custodial interrogation and imposing conditions on the applicant.

Summary

The applicant, Sagar alias Akash Sandip Sabale, an employee of Mauli Finance Pvt. Ltd., faced charges under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Money Lending (Regulation) Act, 2014 for allegedly threatening a loan borrower to recover a debt. He filed an anticipatory bail application under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023, arguing that the complaint was frivolous and that the other co‑accused had already been released on bail. The State opposed, contending that custodial interrogation was necessary to recover blank cheques and other documents. The Court examined the statements, noted that the employer’s director did not allege any policy breach by the applicant, and found no justification for custodial interrogation. Consequently, the Court granted anticipatory bail with detailed conditions, including a personal bond, reporting requirements, and prohibitions on tampering with evidence, and disposed of the application.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS, 2023.
Whether custodial interrogation of the applicant is necessary for the investigation.
Whether the nature of the alleged offences warrants denial of bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 127(3), 308(5), 3(5), 351, 352
Maharashtra Money Lending (Regulation) Act, 2014 — s. 39, 45

Subjects

anticipatory bail
Section 482
custodial interrogation
money lending
threat
bail conditions
criminal procedure

Judgment

Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN (904) ABA-449.26.DOCX
GOPAL Date:
CHANDAN 2026.08.20
14:44:31
+0530 lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO.449 OF 2026

Sagar alias Akash Sandip Sabale : Applicant.
Versus.
The State of Maharashtra and anr : Respondents.

-----

Mr. Rahul Dhaigude a/w Adv. Preeti L Dawada for the Applicant.
Ms. Shubhangi N Deshmukh, APP for the Respondents – State.
PSI Sudheer Balaso More, Satara City Police Station, present.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 19 AUGUST 2026
PC:-

1. Heard Mr. Rahul Dhaigude, learned Advocate for the
Applicant and Ms. Shubhangi Deshmukh, learned APP for the
Respondents – State.

2. By this Application filed under Section 482 of the Bharatiya
Nagrik Suraksha Sanhita, 2023 (“BNSS, 2023”), the Applicant
seeks pre-arrest bail in connection with C.R. No. 509 of 2026
registered with Satara City Police Station for offences punishable
under Sections 308(5), 127(3), 351, 352 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (“BNS, 2023”) and Sections 39 and 45 of the
Maharashtra Money Lending (Regulation) Act, 2014.

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3. Mr. Rahul Dhaigude, learned Advocate for the Applicant,
states that there are four (4) Accused in Crime No. 509 of 2026,
with the Applicant being Accused No. 1.

4. The prosecution case is that on 11 June 2026, the Accused in
Crime No. 509 of 2026, intending to recover the amount borrowed
by the Informant as a loan from “Mauli Finance Pvt. Ltd.”,
threatened and demanded money from the Informant and also
restrained the Informant and his friend in a room.

5. Mr. Rahul Dhaigude, learned Advocate for the Applicant,
submits that the Applicant is employed with Mauli Finance Pvt.
Ltd. He submits that the Informant was liable to repay the loan
advanced by Mauli Finance Pvt. Ltd. He submits that the demand
made by the Applicant from the Informant to pay the amount due
and payable by the Informant in terms of the loan agreement
executed by Mauli Finance Pvt. Ltd. was met with resistance from
the Informant, which led to the filing of the complaint, which is
frivolous and mala fide to avoid repayment of the loan. He submits
that Accused Nos. 2, 3 and 4 in Crime No. 509 of 2026 have been
released on bail.

6. Ms. Shubhangi Deshmukh, learned APP for the Respondents
-State, submits that the Applicant is the principal person connected
with the affairs of Mauli Finance Pvt. Ltd. in District Satara and
that he has acted in an illegal manner. She submits that the
Applicant has not functioned and/or performed his duties as
required by Mauli Finance Pvt. Ltd. She states that the custodial
interrogation of the Applicant is required to recover the blank

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cheques and other documents pertaining to the loan transaction
the Informant had with Mauli Finance Pvt. Ltd. in District Satara.

7. Perused the records.

8. Applicant is an employee of Mauli Finance Pvt. Ltd., as
submitted by Mr. Rahul Dhaigude, learned Advocate for the
Applicant.

9. The statement of Balasaheb Mahadev Ghadge, the Director
of Mauli Finance Pvt. Ltd., is recorded in Crime No. 509 of 2026. A
perusal of the said statement reveals that although Balasaheb
Mahadev Ghadge has referred to the Applicant as his employee, he
makes no allegations that the Applicant acted contrary to the
policy of Mauli Finance Pvt. Ltd.

10. As submitted by Mr. Rahul Dhaigude, learned Advocate for
the Applicant, it prima facie appears that non-payment of the loan
advanced by Mauli Finance Pvt. Ltd. to the Informant and matters
pertaining to its recovery by the Applicant -employee of Mauli
Finance Pvt. Ltd. have resulted in the controversy which is the
subject matter of Crime No. 509 of 2026.

11. Accused Nos. 2, 3 and 4 in Crime No. 509 of 2026 have been
released on bail.

12. Mr. Rahul Dhaigude, learned Advocate for the Applicant, on
instructions from the Applicant, states that all the required
documents pertaining to Mauli Finance Pvt. Ltd. in respect of the
loan advanced to the Informant shall be handed over to the
Investigating Officer as and when required and that the Applicant
shall cooperate in the investigation of Crime No. 509 of 2026.

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13. In view of the above, custodial interrogation of the Applicant
is not required.

14. Criminal Anticipatory Bail Application No.449 of 2026 is
allowed on the following conditions :-

(a) In the event of arrest of the Applicant in
the Crime No.509 of 2026, registered with the
Satara City Police Station, Applicant shall be
released on bail upon Applicant furnishing a PR
bond in the sum of Rs. 50,000/- (Rupees Fifty
Thousand only), with one or two sureties in the
like amount to the satisfaction of Investigating
Officer, Satara City Police Station in Crime No.
509 of 2026.

(b) The Applicant shall appear and report to
the Investigating Officer, Satara City Police
Station, on 24 August 2026, 25 August 2026, 27
August 2026 and 28 August 2026, from 10:00
a.m. to 12:00 p.m. and thereafter as and when
required by the Investigating Officer, Satara City
Police Station. The Applicant shall cooperate with
the Investigating Officer in the investigation of
Crime No. 509 of 2026.

(c) The Applicant shall not directly or
indirectly make any inducement, threat or
promise to the Intervenor or any person/s
acquainted with the facts of the case to dissuade
such person/s from disclosing the facts to the

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Court or any police officer.

(d) The Applicant shall not tamper with
evidence in any manner.

(e) The Applicant shall provide the
Investigation Officer, Satara City Police Station
with his residential address along with proof, his
contact numbers and must inform the
Investigating Officer of any changes to this
information from time to time.

(f) The Applicant shall act on the basis of the
statement made by his Advocate Mr. Rahul
Dhaigude as recorded in paragraph No.12
hereinabove by furnishing all the documents
required by the Investigating Officer Crime No.
509 of 2026.

15. Criminal Anticipatory Bail Application No.449 of 2026 is
disposed of.

(ASHWIN D. BHOBE, J.)

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