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.
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.”
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.
