A sessions court in Mumbai has granted bail to a 34-year-old caregiver, Nikita Naik, who was arrested for allegedly cheating a retired professor from the Indian Institute of Technology (IIT) Bombay out of assets worth Rs 6.93 crore. The bail was granted on Friday, more than six months after her arrest on June 30 by the Powai police.
The Allegations and the Arrest
The case originated from a complaint filed by the son of the 82-year-old retired professor. The son alleged that Naik, who was his father's caregiver, had taken undue advantage of the elderly man's age and health conditions, including loss of eyesight. The complaint stated that between 2017 and 2025, Naik, under the pretext of assisting with financial matters, withdrew approximately Rs 1.03 crore in cash from his bank accounts.
Furthermore, she was accused of removing jewellery valued at Rs 8.05 lakh from his bank locker and taking possession of crucial documents. These documents pertained to a registered gift deed that transferred a share in three flats, with an estimated worth of Rs 4.89 crore, to her name. The prosecution informed the court that Rs 2 crore discovered in Naik's bank account had been seized. The arrest followed the professor's relocation to an old-age home, which was initiated by his son.
The Defense and the Court's Observations
In her bail application, Nikita Naik denied all allegations of fraud. She contended that she was the retired professor's sole caregiver during the period in question, as his family members did not live with him. Naik claimed that the professor had voluntarily transferred the property and funds to her through a registered gift deed out of "love and affection" for her services. She asserted that the documentation for the flat transfers was completed before 2023, a time when the professor was of sound mind and managing his affairs independently.
The court, presided over by Additional Sessions Judge D G Dhoble, noted several key points. It observed that the complainant, the retired professor, is highly educated, and his children are well-established professionals. The judge highlighted that the alleged transactions occurred over a long period and involved registered documents and bank transfers.
Civil Court Jurisdiction and Bail Rationale
The court's order emphasized that the core dispute—whether the asset transfer was voluntary or fraudulent—is a matter that must be decided by a civil court. "Therefore, the contentions... that the informant voluntarily transferred the property and amount under love and affection as the applicant served and his children deserted... are matters required to be decided by the civil court alone," the judge stated.
The court noted that a civil suit related to the case is already pending. It concluded that all allegations and defenses need to be adjudicated during the trial and no final conclusion could be drawn at the bail stage. Importantly, the court pointed out that the alleged offences are punishable with imprisonment of up to seven years and not life or death. It reiterated the legal principle that "bail is the rule, jail is an exception."
Additional factors favoring bail included the recovery of the disputed amount (the 'muddemal'), the freezing of relevant bank accounts, and the fact that Naik, a mother of two, had been in judicial custody since her arrest in June. The court held that her continued detention after the completion of the police investigation would amount to pre-trial punishment.
The Outcome and Conditions
Consequently, Nikita Naik was granted bail on a personal bond of Rs 25,000. The court imposed standard conditions, including a directive not to tamper with evidence or influence witnesses. The case will now proceed through the legal system, with the substantive issues of property ownership and alleged cheating to be determined in the ongoing civil and criminal proceedings.
