Bombay HC Grants Bail to 70-Year-Old Man Accused of Human Sacrifice and Black Magic Charges in Satara

In a controversial legal development, the Bombay High Court has granted bail to 70-year-old Mohansingh Sitaram Naik, who was accused of participating in the murder of a young girl in what has been described as a human sacrificefor material gain. The accused, who had been in custody for over two years, was released based on the grounds of advanced age and prolonged incarceration. The single-judge bench of Justice SG Dige made it clear that the trial court would decide the case on its own merits, without being influenced by the bail order.

Case Background

• The case involves the alleged murder of a young woman in Satara, Maharashtra, in 2019.
• The prosecution contends that Naik and his co-accused conspired to sacrifice the victim to gain prosperity and hidden wealth through black magic rituals.
• The victim’s throat was allegedly slit by another co-accused, while Naik acted as a lookout.

Legal Charges and Allegations

Naik faces serious criminal charges under multiple provisions of Indian law, including:

• Section 302 (Murder) of the Indian Penal Code (IPC)
• Section 201 (Destruction of Evidence) of the IPC
• Section 120-B (Criminal Conspiracy) of the IPC
• Section 34 (Common Intention) of the IPC
• Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013

Arguments by the Defense

During the bail hearing, Naik’s counsel put forward the following arguments:

• Naik is over 70 years old and has already spent two years in jail.
• The trial has not yet commenced, despite the framing of charges.
• The statement of a key witness, Aniket Aatkari, was recorded three years after the incident, making it unreliable.
• Initially, Aatkari did not mention Naik’s presence at the crime scene, but later claimed to have seen him there.
• Naik agreed to stay outside Satara District until the trial concludes and comply with all court-imposed conditions.

Prosecution’s Opposition

The prosecution strongly opposed the bail application, arguing:

• Naik played a crucial role in the conspiracy and execution of the crime.
• He posed a serious risk of influencing witnesses or absconding.
• Granting bail would obstruct the course of justice.
• The nature of the crime was gruesome, and the accused must remain in custody until the trial is completed.

Court’s Observations and Decision

After weighing the arguments, the Bombay High Court ruled in favor of granting bail, citing:

• Naik’s advanced age (70 years old).
• Over two years of incarceration without the trial commencing.
• The uncertain timeframe for the trial’s conclusion.

The court emphasized that while the allegations were serious, the decision to grant bail was based on procedural considerations. Justice SG Dige stated:

"The applicant is more than 70 years old, he is behind bars for more than two years. Charge has been framed against the applicant, yet trial has not commenced. It may take time to conclude the trial."

Further, the court clarified:

"The trial court shall decide the case independently, uninfluenced by the observations made in this order."

Bail Conditions Imposed on Naik

The Bombay High Court imposed strict conditions while granting bail:

1. Naik must execute a personal bond of ₹50,000 with one or two sureties of the same amount.
2. He must report to the nearest police station once a month until the trial is completed.
3. He is required to inform the police of any change in his address or contact details.
4. He cannot enter Satara District, except to attend court proceedings.
5. He is prohibited from tampering with evidence or contacting witnesses.

Case Title: Phoolsingh Shevu Rathod v. State of Maharashtra

Attachment: