Premium

Bombay High Court grants bail to Nashik engineer, questions ATS claim of ISIS funding

The Bombay High Court observed that there was no "prima facie evidence" to link him to ISIS and criticised the ATS for viewing a Rs 50,000 transaction with "myopic eyesight".

3 min readMumbaiMay 10, 2026 01:08 PM IST

The Bombay High Court ruled that there was no proof that the accused was furthering the ISIS agenda (File photo).

The Bombay High Court recently observed that there was no “prima facie evidence” to connect a 34-year-old engineer from Nashik with ISIS and questioned the prosecution’s claim that he transferred Rs 50,000 to a co-accused to support the banned group monetarily.

The court said “prima facie” it appeared the transaction was being viewed by the prosecution with a “myopic eyesight”.

In doing so, the court granted bail to Huzaif Abdul Aziz Shaikh, who was arrested by the Anti-Terrorism Squad (ATS) in January 2024. Shaikh, who runs his own business, had challenged the Nashik special court’s November 2025 bail rejection through an appeal before the High Court.

He was, as per the prosecution, in contact through social media with the wanted accused Umm Osama alias Rabiya, who was allegedly connected to ISIS.

The ATS claimed the accused arranged online meetings among themselves to advance the ISIS agenda and to motivate others towards its ideology.

Shaikh allegedly transferred Rs 50,000 (2,100 dirhams) to her account to monetarily support ISIS activities and the funds were transferred through Hawala to a UAE bank account.

The ATS had claimed the amounts “might have been used” to commit terrorist activities of ISIS in Syria by the accused.

Story continues below this ad

However, the High Court observed, “There is no material available on record to even remotely indicate that Rabiya was and/or is having any connection or link with ISIS.” It is just a presumption, the court added.

Advocate Payoshi Roy for appellant Shaikh argued that the amount was transferred to Rabiya’s account as she was in need of money to maintain her family, and she was acquainted with Shaikh’s family members; therefore, she came in contact with Shaikh and requested the amount.

“There is no prima facie evidence to connect Shaikh with the proscribed organisation, namely ISIS. It appears to us that the alleged link between appellant and ISIS through co-accused Rabiya would be perhaps a presumption at least, at this stage,” a bench of Justices Ajey S Gadkari and Kamal R Khata observed in the May 6 order.

The High Court examined WhatsApp chats and said they prima facie indicate that “apart from the usual or general conversation or communication between the accused, there is nothing seriously objectionable to establish that the Appellant was in fact furthering the agenda of ISIS in Syria or India.”

Story continues below this ad

The bench said the prosecution needs to establish Shaikh’s “nexus and link” with the present crime or any specific overt act by leading evidence.
“According to us, there is no reason to believe that the accusations made against the Appellant are prima facie true,” the High Court held.

It granted him bail on furnishing a personal bond of Rs 1 lakh, along with sureties, and conditions to cooperate with the probe and not to leave the area under the purview of the Nashik special court.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

Tags:
Bombay High Court

Loading Recommendations...

Jun 09: Latest News

Live Blog