Mumbai, March 16, 2024 – Abubakar Mohammad Ali Shaikh’s bail application has been rejected by the Sessions Court for Greater Bombay in a case involving cheating and alleged black magic. Additional Sessions Judge Dr. A.A. Joglekar (Court Room No. 37) issued the order on March 14, 2024.

Shaikh was arrested in connection with C.R. No. 38/2024, registered at the RAK Marg Police Station, for offenses under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code (IPC), along with Section 3 of the Maharashtra Narbali and other Inhuman Evil Practices and Black Magic Prohibition and Eradication Act, 2013.

Background and Allegations:

The complainant alleged that from March 2023 to October 2023, Shaikh used “tantras” (black magic rituals) to gain her trust. He allegedly promised to cure her medical ailments, resolve family disputes, secure a US job for her sister-in-law, and cure her friend’s cancer. In the process, he allegedly obtained Rs. 11,50,000, 23 Tola of gold, and another Rs. 6,12,000 in cash, totaling Rs. 17,62,000, thereby cheating her.

Arguments Presented:

• Applicant’s Argument (Shaikh):
  • He is falsely implicated.
  • The complainant’s allegations are false.
  • He never took gold articles from the complainant or any other woman.
  • The complainant did not provide specific dates and times for when she handed over money.
  • No other individual has filed a complaint against him.
  • The complainant made a marriage proposal, which he rejected, leading her to fabricate the story.
• Prosecution’s Argument:
  • Shaikh committed a serious crime and obtained money and gold from the complainant and her relatives.
  • He also allegedly promised to arrange passports and visas, which is under investigation.
  • Shaikh made a disclosure statement leading to the recovery of evidence.
  • There is a risk of Shaikh absconding, tampering with evidence, and threatening witnesses.

Court’s Reasoning and Decision:

Judge Joglekar considered the arguments and the evidence. The court noted:

• Shaikh’s technical defense regarding the lack of specific dates and times is weak.
• Shaikh’s denial of taking gold articles suggests he may have received cash.
• Shaikh made a disclosure statement that led to the recovery of evidence.
• The disclosure statement indicates Shaikh’s role in the crime.
• The investigation is at a nascent stage, and granting bail could hinder it.
• When deciding bail, the court must consider whether a prima facie case exists.
• It is not necessary to conduct a detailed examination of the merits of the prosecution case at the bail stage.

Therefore, the court concluded that this was not a fit case for granting bail and rejected the application.

Order Details:

The order was dictated on March 14, 2024, transcribed on the same day, and signed on March 16, 2024. It was uploaded on March 16, 2024, at 3:35 p.m.

This decision reflects the court’s consideration of the disclosure statement, the ongoing investigation, and the potential for the applicant’s release to hinder the investigation.