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Bombay High Court

SAGAR MADHUKAR LANDGEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that bail should be granted to the applicant.

Summary

The High Court considered a bail application filed by Sagar Madhukar Landge, who was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959 for alleged offences arising from a deteriorating live‑in relationship with the prosecutrix. The FIR was lodged on 23 January 2025, several months after the alleged incidents, and the court noted the substantial delay as a factor casting doubt on the credibility of the informant’s allegations. The prosecution had not produced any substantive evidence to substantiate the claims of extortion and blackmail. Relying on the lack of material evidence and the suspicious delay in filing the FIR, the court found that the applicant had made out a clear case for bail. Consequently, the court granted bail with standard conditions and clarified that the order was limited to bail without prejudice to the merits of the trial.

Issues considered

  • Whether the delay in lodging the FIR and the absence of corroborative evidence justify the grant of bail to the accused.
  • Whether the allegations of extortion and blackmail, as pleaded, are sufficiently substantiated to deny bail.

Legislation cited

Subjects

  • bail
  • delay in FIR
  • live‑in relationship
  • extortion
  • blackmail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • legal aid
  • Maharashtra

Judgment

       Digitally
       signed by
       MEERA
MEERA MAHESH
MAHESH JADHAV                                                                     44-ba-3497-25.doc
JADHAV Date:
       2026.09.23
       13:43:10
       +0530

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                         BAIL APPLICATION NO.3497 OF 2025

                    Sagar Madhukar Landge                             .. Applicant
                               Versus
                    The State of Maharashtra & Anr.                   .. Respondents
                                                 ....................
                     Ms. Pooja Agarwal (through VC) a/w Mr. Prakash Chavan and Mr.
                       Ashraf Kazi, Advocates for Applicant.
                     Mr. Yogesh Nakhwa, APP for Respondent No.1 - State.
                     Mr. Shantanu Nakashe, Advocate appointed through Legal Aid for
                      Respondent No.2.
                                             ................…
                                            CORAM : MILIND N. JADHAV, J.
                                            DATE           : SEPTEMBER 22, 2026
                    P.C.:
                    1.             Heard Ms. Agarwal (through VC), learned Advocate for

                    Applicant, Mr. Nakhwa, learned APP for Respondent No.1 - State and

                    Mr. Nakashe, learned Advocate appointed through Legal Aid for

                    Respondent No.2 - prosecutrix.

                    2.             By this Bail Application, Applicant is seeking enlargement on

                    bail in C.R. No. 51 of 2025 registered with Vimantal Police Station for

                    the offences punishable under Sections 70(1), 64(2)(m), 126(2),

                    127(3), 299, 115(2), 352, 351(2)(3) and 3(5) of Bharatiya Nyaya

                    Sanhita, 2023 and Section 3(25) of the Arms Act, 1959.

                    3.             With the able assistance of the learned Advocates I have

                    perused the material placed on record. Prima facie the FIR statement

                    lodged on 23.01.2025 is with regard to the four specific episodes

                    between 25.05.2024 and 03.10.2024 and it prima facie shows that the

                    prosecutrix/first informant was infact in a live-in-relationship with the

                    Meera Jadhav                                                                      1 of 4
                                                          44-ba-3497-25.doc


present Applicant. There is prima facie material placed on record

placed by the prosecution in the form of witness statements of the

house owner as also the neighbour, to whom the prosecutrix/first

informant had conveyed that the Applicant was her husband and they

both were the husband and wife.

4.             In view of the relationship between the Applicant and

prosecutrix/first informant turning sour and they having constant

fights the present FIR was filed on 23.01.2025. FIR came to be lodged

after a substantial delay and that itself renders the lodging of FIR

suspicious in the above circumstances. If the version narrated by the

first informant is to be believed, then, in fact, after the first alleged

episode, stated to have occurred on 24.04.2025, there was no reason

whatsoever for the her to return to and reside with the present

Applicant thereafter.


5.             The allegations of extortion and blackmailing levelled

against the Applicant also do not, prima facie, stand substantiated at

this stage, as there is no material placed on record by the prosecution

in support thereof. The delay in lodging the FIR, in the aforesaid facts

and circumstances, therefore, cannot enure to the benefit of the first

informant. The Applicant has made out a clear case for grant of bail.

The Applicant is therefore granted bail.




Meera Jadhav                                                                  2 of 4
                                                               44-ba-3497-25.doc


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


               (i)   Applicant – Sagar Madhukar Landge is directed to be

               immediately released from prison in connection with Crime

               No. 51 of 2025;


               (ii) Applicant is directed to be released on bail on

               furnishing P.R. Bond of Rs. 15,000/- (Rupees Fifteen

               Thousand only) with one or two sureties in the like amount;


               (iii) Applicant shall report to the Investigating Officer at

               Vimantal Police Station, once every month on the first

               Sunday of the month between 10:00 a.m. to 12:00 p.m.;


               (iv) Applicant shall co-operate with the conduct of trial and

               attend the Trial Court on all dates, unless specifically

               exempted and will not take any unnecessary adjournments,

               if he does so it will entitle the prosecution to apply for

               revocation of this order;


               (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;


               (vi) Applicant shall not influence with any of the witnesses

               or tamper with the evidence in any manner;


               (vii) Applicant shall keep the Investigating Officer informed

               of his current address and mobile contact number and / or


Meera Jadhav                                                                       3 of 4
                                                                                     44-ba-3497-25.doc


                change of residence or mobile details, if any, from time to

                time, as applicable; and


                (viii)Any infraction of the conditions shall entail cancellation

                of bail granted to the Applicant.


7.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


8. This Court appreciates the assistance rendered by Mr. Nakashe,

learned Advocate appointed through the Legal Aid to espouse the

cause of Respondent No. 2 (prosecutrix). His fees be paid by the High

Court Legal Aid Services Authority as per rules on production of a

server copy of this order and other compliances in accordance with the

decision of this Court in the case of Sanjyot Nitin Telharkar v. The State

of Maharashtra & Anr1 and the Schedule under Regulation 18(1) of the

Maharashtra State Legal Services Authority Rules, 1998.


9.      Bail Application is allowed and disposed of in the above

terms.


                                                                          [ MILIND N. JADHAV, J. ]

1    Judgment dated 25.09.2024 passed in Misc. Civil Application No.134 of 2024.



Meera Jadhav                                                                                             4 of 4


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