The Bombay High Court denied bail to Yusuf Khan, accused in the 2022 murder of Amravati chemist Umesh Kolhe, noting a terrorist gang formed to avenge dishonor to their faith. The case stems from post supporting Nupur Sharma.
The Bombay High Court denied bail to veterinary doctor Yusuf Khan, implicated in the 2022 murder of Amravati chemist Umesh Kolhe, stating that a terrorist gang had been organized to avenge a perceived dishonor to their faith and to instill fear in the public.
The case originates from Kolhe’s social media post supporting former BJP spokesperson Nupur Sharma, whose remarks on a TV debate had sparked widespread outrage and prompted multiple FIRs against her across the country.
Justices AS Gadkari and Shyam C Chandak dismissed Khan’s bail appeal under the Unlawful Activities (Prevention) Act.
The ruling noted,
“A terrorist gang was formed by the accused persons under the leadership of co-accused to avenge the alleged dishonour of their faith by the deceased, by brutally killing him and to strike terror into the hearts and minds of general public irrespective of whether they supported the spokesperson’s comment or not.”
The court highlighted that after failing to locate Kolhe initially, the accused went ahead and murdered him the very next day.
The prosecution outlined that the events commenced on May 26, 2022, when Sharma made a contentious comment during a TV debate, causing anger within the Muslim community in Amravati and prompting calls for legal action against her.
Kolhe, operated a veterinary medical shop, later shared a supportive message about Sharma in a WhatsApp group for veterinary chemists.
Khan, the only Muslim member of that group, felt offended, and in retaliation, he altered Kolhe’s mobile number in a screenshot of the post, added an inciting caption, and circulated it widely.
The court remarked that the specific wording of Khan’s message, which included “Amit Medical Prabhat Takiz Tehsil ke Samane” (Opposite Amit Medical) and a request to share it with “zyada se zyada groups” (more and more groups), indicated that Kolhe was deliberately chosen as a target and aimed to provoke revenge.
Relying on call data records and witness testimonies, the court established a prima facie conspiracy. It noted that there were 25 exchanged calls between Khan and another accused before and after the murder.
Furthermore, it acknowledged meetings held at Roshan Hall and Gausiya Hall where plans to behead Kolhe were reportedly made.
The court observed that Khan, after inciting anger through his message, attempted to distance himself from the other accused until the murder, likely to evade accountability.
However, the exchanges among the accused indicated his continued involvement, albeit discreetly.
The justices stated that the absence of Khan from a specific meeting did not invalidate the conspiracy, as such plans are often secretive and thus hard to prove with direct evidence.
They concluded that there were sufficient grounds to assume the accusations against Khan were prima facie valid. In light of the serious nature of the alleged terrorist act and its repercussions on societal norms, the court opted not to grant bail.
Advocates representing Khan included Yug Mohit Chaudhry, Sharif Shaikh, Afrin Khan, Muzammil Shaikh, Ejaz Shaikh, Anush Shetty, Muskan Shaikh, Benazir Khan, and Mateen Shaikh, while Additional Public Prosecutor Madhavi H Mhatre represented the State.
Additional Solicitor General Anil C Singh, along with advocates Chintan Shah, Aditya Thakkar, Sandeep Sadawarte, Prasanna Bhangale, and Krishnakand Deshmukh, appeared for the NIA.
Case Title: Yusuf Khan v. State & National Investigation Agency
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
