Bombay High Court
Surayya Begam Wajid Mujewar vs The State Of Maharashtra And Another on 14 July, 2025
2025:BHC-AUG:18339
33-ABA-1104-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1104 OF 2025
Surayya Begam Wajid Mujewar
Versus
The State of Maharashtra & Anr.
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Mr. Ram S. Shinde for the Applicant.
Mr. A. M. Phule, APP for the State.
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CORAM : ADVAIT M. SETHNA, J.
DATE : 14 JULY 2025
P. C.:
1. The Applicant has filed the present Application as the Applicant
apprehends arrest. These proceedings arise out of CR No.0122 of 2025. The
FIR is lodged on 19 April 2025 at 20:28 hours by the Udgir City Police
Station, Dist. Latur. The date of occurrence of the alleged incident as stated
in the FIR is from 7 September 2022 to 30 December 2024. The FIR has
been registered under Section 3(2) of the The Maharashtra Prevention and
Eradication of Human Sacrifice and other Inhuman, Evil and Aghori
Practices and Black Magic Act, 2013 ("The Black Magic Act") and Sections
318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). There are
two accused persons. The original accused No.1 is the Applicant before the
Court, who is the sister of the original accused No.2. The Informant is one
Asmatunnisa Jabbarodin Parkote. The brother-in-law of accused No.1 had
got married with the daughter of the Informant.
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33-ABA-1104-2025.doc
2. With the assistance of the learned counsel for the parties, I have
perused the FIR and record available with the Court. It appears from the FIR
that the alleged acts of black magic which fall under the provisions of the
Black Magic Act were performed between 7 September 2022 to 30
December 2024 on the Informant. The allegation is that during such acts,
the Informant has parted with substantial amounts of money as well as gold
and silver ornaments. The original accused No.2 i.e. Farida Yusuf Shaikh has
been arrested. There is some substance in the submissions of the learned
Advocate for the Applicant that the alleged occurrence of the incident where
such black magic was performed continuously for a period of two years.
There was no complaint in the interregnum period except for lodging of the
FIR that too belatedly on 19 April 2025. There is no explanation coming
forth from the prosecution in this regard for such gross and inordinate delay.
3. At this juncture, Mr. Shinde would refer to the judgment of this
Court in the case of Vedika Nilesh Pai Vs. State of Maharashtra1 where the
Court had occasioned to deal with Section 3 of the Black Magic Act. The
Court made similar observations pertaining to the fact that the alleged
incident had taken place in September 2019, whereas the FIR was lodged on
December 2019. However, in the present case the delay in lodging the FIR
from the date of the alleged incident exceeds two years. The Applicant is a
lady and a homemaker. The Applicant undertakes to fully co-operate with
1 2021 SCC OnLine Bom 6633
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the investigation.
4. Mr. Phule, learned APP has strongly objected to the ABA and
submitted that the custodial interrogation of the Applicant is necessary in
the given facts and circumstances.
5. A prima facie case is made out by the Applicant. The basic
ingredients of the offence alleged under the Black Magic Act read with the
BNS are not coming forth, qua this Applicant, at this stage. This is a case
where the disputes between the parties are essentially out of matrimonial
discord. In such factual complexion, custodial interrogation would serve no
purpose. Hence, in my view, the following order would meet the ends of
justice:-
ORDER
(i) In the event of arrest of the Applicant in connection with CR No.0122 of 2025 registered with Udgir City Police Station, Dist. Latur for the offences punishable under Section 3(2) of the The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 and Sections 318(4) and 3(5) of the BNS, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount.
(ii) The Applicant shall cooperate with the investigation and shall Shubham Page 3 of 4 33-ABA-1104-2025.doc attend the concerned police station as and when called by the Investigating Officer, until filing of the charge-sheet.
(iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.
(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until the further orders.
(v) The Applicant shall not influence the witness/es and/or tamper evidence in any manner whatsoever.
6. Needless to mention that the observations made above are prima facie for the purposes of adjudicating this Application.
7. The Anticipatory Bail Application is allowed in the above terms.
[ADVAIT M. SETHNA, J.] Shubham Page 4 of 4