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1926 DAILYLAW 2 (BOM)

ABDUL HALIM SHAIKH v. THE STATE OF MAHARASHTRA

ABA/1926/2026 · 2026-08-18

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Judgment text

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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 (At the instance of Baramati City Police Station vide their C.R. No. 194 of 2026) …Respondent (Org. 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 18th August, 2026 908 ABA-1926-2026.DOC skt 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 18th August, 2026 908 ABA-1926-2026.DOC skt 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. ...” 18th August, 2026 908 ABA-1926-2026.DOC skt 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. Page 4 of 5 18th August, 2026 908 ABA-1926-2026.DOC skt 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.] 18th August, 2026