The Bombay High Court has granted anticipatory bail to a man accused of practising black magic by allegedly pinning needles to photographs of the complainant and his family members at a graveyard at 12:30 AM, holding that the prosecution would have to establish his role during trial and that custodial interrogation was not warranted.
Justice Shivkumar Dige allowed the anticipatory bail application of accused who apprehended arrest in connection with Crime registered at Kondhwa Police Station, Pune, for an offence punishable under Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
According to the prosecution, on May 19, 2026, at around 12:30 a.m., the applicant was allegedly found performing black magic by pinning needles to photographs of the first informant and his family members. The State further alleged that articles used for the ritual were recovered from a kabrastan (graveyard) and argued that custodial interrogation was necessary for an effective investigation.
The applicant, however, contended that no articles allegedly used for black magic were recovered from his possession and that the prosecution had failed to connect him with any incriminating material warranting his custodial interrogation. Accepting the contention, the Court noted that the alleged articles had been recovered from the graveyard and not from the possession of the applicant. Holding that the prosecution would have to establish the applicant’s involvement during trial, the Court found no justification for denying him pre-arrest protection. The Court observed:
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“The police have recovered the articles which were allegedly used for performing the black magic from the kabrastan and not from the possession of the Applicant. To prove the role of the Applicant, trial is required. Considering these facts, custodial interrogation of the Applicant is not required.”
Accordingly, the Court directed that in the event of his arrest, the accused shall be released on anticipatory bail upon furnishing a personal bond of ₹25,000 with one or two solvent sureties. The Court also directed him to cooperate with the investigation and refrain from tampering with prosecution witnesses or evidence.
