The Crossbill News Desk
The Bombay High Court on Wednesday (November 4), granted bail to Kafeel Ahmad Mohammad Ayub, one of the key accused in the 2011 Mumbai triple bomb blast case that claimed at least 21 lives and left more than a hundred people injured.
A division bench comprising Justices Ajay Gadkari and Ranjitsinha Bhonsale observed that the trial in the case has not yet commenced and that Kafeel has already spent nearly 13 years in jail as an undertrial prisoner.
The bench noted that the confessional statements of another prime accused, Yasin Bhatkal, prima facie suggest Kafeel’s role was limited to providing shelter to co-accused persons either before or after the alleged offence, Live Law reported.
The prosecution, however, has accused Kafeel, a resident of Bihar, of allegedly radicalising Muslim youth to participate in “Jihad” along with his co-accused.
Significantly, charges against the prime accused were framed only on March 5, 2021 — nine years after their arrest. The high court also took note that while the prosecution initially listed 700 witnesses, it later reduced the number to 400 in October 2024.
“Record discloses that, after framing of charges on March 5, 2021, in the last more than four and a half years, the prosecution has examined only 167 witnesses. The prosecution is yet to examine 233 witnesses. According to us, the possibility of concluding the trial of the present case in near future is bleak. Appellant is aged 65 years as of today and is suffering from age related elements,” Justice Gadkari noted, as quoted by Live Law.
Citing The Hindu, the judges also emphasised that “speedy and expeditious trial is a facet of right to live as embodied under Article 21 of the Constitution of India.”
They added, “Had it been a case at the threshold, we would have outrightly turned down the respondent’s prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the high court appears to have been left with no other option except to grant bail.”
The court directed Kafeel to furnish a personal bond of Rs 1 lakh with local sureties and adhere to strict bail conditions, including monthly reporting to the Anti-Terrorism Squad (ATS), surrendering his passport, and not leaving the trial court’s jurisdiction without prior permission.
Kafeel was arrested on February 22, 2012, by the Delhi Police and later handed over to the Maharashtra ATS on May 19 that year. He faces charges under the Unlawful Activities (Prevention) Act (UAPA), the Maharashtra Control of Organised Crime Act (MCOCA), and other relevant laws.
The 2011 blasts — one of Mumbai’s deadliest attacks since 2008 — occurred simultaneously on July 13 at Dadar’s Kabutarkhana, Opera House, and Zaveri Bazar during the evening rush hour, killing 21 people and injuring around 113 others.
A division bench comprising Justices Ajay Gadkari and Ranjitsinha Bhonsale observed that the trial in the case has not yet commenced and that Kafeel has already spent nearly 13 years in jail as an undertrial prisoner.
The bench noted that the confessional statements of another prime accused, Yasin Bhatkal, prima facie suggest Kafeel’s role was limited to providing shelter to co-accused persons either before or after the alleged offence, Live Law reported.
The prosecution, however, has accused Kafeel, a resident of Bihar, of allegedly radicalising Muslim youth to participate in “Jihad” along with his co-accused.
Significantly, charges against the prime accused were framed only on March 5, 2021 — nine years after their arrest. The high court also took note that while the prosecution initially listed 700 witnesses, it later reduced the number to 400 in October 2024.
“Record discloses that, after framing of charges on March 5, 2021, in the last more than four and a half years, the prosecution has examined only 167 witnesses. The prosecution is yet to examine 233 witnesses. According to us, the possibility of concluding the trial of the present case in near future is bleak. Appellant is aged 65 years as of today and is suffering from age related elements,” Justice Gadkari noted, as quoted by Live Law.
Citing The Hindu, the judges also emphasised that “speedy and expeditious trial is a facet of right to live as embodied under Article 21 of the Constitution of India.”
They added, “Had it been a case at the threshold, we would have outrightly turned down the respondent’s prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the high court appears to have been left with no other option except to grant bail.”
The court directed Kafeel to furnish a personal bond of Rs 1 lakh with local sureties and adhere to strict bail conditions, including monthly reporting to the Anti-Terrorism Squad (ATS), surrendering his passport, and not leaving the trial court’s jurisdiction without prior permission.
Kafeel was arrested on February 22, 2012, by the Delhi Police and later handed over to the Maharashtra ATS on May 19 that year. He faces charges under the Unlawful Activities (Prevention) Act (UAPA), the Maharashtra Control of Organised Crime Act (MCOCA), and other relevant laws.
The 2011 blasts — one of Mumbai’s deadliest attacks since 2008 — occurred simultaneously on July 13 at Dadar’s Kabutarkhana, Opera House, and Zaveri Bazar during the evening rush hour, killing 21 people and injuring around 113 others.
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