Bombay High Court
ABDUL HALIM SHAIKHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Anticipatory bail is denied as the allegations constitute a serious offence requiring custodial interrogation.
Summary
Abdul Halim Shaikh, who presented himself as a Maulana and Ayurvedic Ph.D., was accused by a 37‑year‑old woman of fraudulently extracting Rs.5 lakh by promising remedies for black magic and subsequently sexually assaulting her. The victim alleged repeated inappropriate touching, intimidation, and threats of black‑magic retaliation, leading to an FIR under multiple provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Maharashtra Prevention and Eradication of Human Sacrifice Act, 2013. Shaikh filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, claiming the need for pre‑arrest bail. The prosecution highlighted the seriousness of the offences, the necessity of custodial interrogation, and the existence of corroborative investigation material. The Court examined the gravity of the allegations and concluded that no case existed for granting anticipatory bail, dismissing the application.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 316, 318(4), 3(5), 351(2), 482, 74, 75
- Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 — s. 3, 4
Subjects
- anticipatory bail
- Section 482
- sexual assault
- fraud
- black magic
- human sacrifice act
- criminal procedure
- Maharashtra
Judgment
908 ABA-1926-2026.DOC
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1926 OF 2026
Abdul Halim Shaikh …Applicant
Vs.
The State of Maharashtra …Respondent
(At the instance of Baramati City Police Station (Org.
vide their C.R. No. 194 of 2026) Complainant)
Mr. S. Z. Khatib, for the Applicant.
Mr. S.V. Walve, APP for the Respondent-State.
HC-S.D. Kazi, Baramati City Police Station.
CORAM: MADHAV J. JAMDAR, J.
DATE : 18th AUGUST, 2026
P. C.:
1. Heard Mr. Khatib, learned counsel appearing for the
Applicant and Mr. Walve, learned APP for the State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-
arrest bail in connection with C.R. No.194 of 2026 registered with
Baramati City Police Station, Pune Rural for the offences
punishable under Sections 316, 318(4), 351(2), 74, 75 and 3(5) of
the Bharatiya Nagarik Suraksha Sanhita and Sections 3 and 4 of
the Maharashtra Prevention and Eradication of Human Sacrifice
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and other Inhuman, Evil and Aghori Practices and Black Magic Act,
2013.
3. The prosecution case is set out in paragraph No. 4 of the
order dated 23rd June, 2026 passed by the learned Additional
Sessions Judge, Baramati in Criminal Anticipatory Bail Application
No. 427 of 2026 which reads as under :
“4. Complainant-victim lady aged 37 years, lodged a
report at Baramati City Police Station on 23.05.2026
against accused on which, FIR was registered. It is
alleged that on A No. 18.06.2024, complainant came in
contact with present accused no.1 aged about 40 years,
who represented her that he is a Maulana providing
religious and tantric remedies, removing the black
magic, and that he was PhD in Ayurved. The accused
was holding a darbar (court) prescribing remedies.
Due to misrepresentation of the accused, the
complainant stated to have reposed confidence in him,
as also fear of dilemma. She used to pay money to the
said accused from time to time under the belief that
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her financial and household problems would get solved
and negative energies would be removed. She stated to
have paid the amount to the present accused and
persons of his concern from 20.06.2024 to 28.11.2025,
to the tune of Rs.4,50,000/- to Rs.5,00,000/-. The
accusedexercised influence over mind of complainant.
He used to make calls and Whatsapp chat with her. On
11.07.2024, at 10.00 a.m. and 10.00 p.m., the accused
outraged her modesty by touching her inappropriately
against her will. Her mother and child were compelled
to sit at one place for 15 to 18 hours by accused. In
October, 2025, complainant demanded return of the
amounts paid, however, accused threatened to exercise
black magic on her and her family. The accused is
alleged to have been assisted by accomplices. She
stated to have paid the amounts to other accused
digitally. Thus, the complainant lodged complaint
against the present accused being main culprit. On
such report, FIR was registered and investigation is
going on. ...”
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4. The F.I.R. as also material collected during investigation
show that the offence is very serious and the Applicant is involved
in the crime.
5. It is represented by the Applicant that he is a Maulana
providing religious and tantric remedies, including remedies for
removal of black magic, and that he holds a Ph.D. in Ayurveda.
The Applicant was holding a darbar (court) and prescribing
remedies. It is the prosecution case that the victim had paid an
aggregate amount of Rs.5,00,000/- to the Applicant from time to
time. The Applicant had made calls to the victim and exchanged
WhatsApp chats with her and, in fact, sexually assaulted her by
touching her inappropriately against her will. Thus, the offence is
very serious requiring custodial interrogation.
6. Mr. Walve, learned APP has pointed out investigation papers
which show that the victim was called in the night also.
7. Accordingly, no case is made out for grant of anticipatory
bail. The Anticipatory Bail Application is dismissed.
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8. The observations in this order are made for considering the
present Anticipatory Bail Application. The learned Trial Court shall
not be influenced by any of the observations made hereinabove
and shall decide the case on its own merits.
[MADHAV J. JAMDAR, J.]
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