The Bombay High Court has firmly refused bail to Yusuf Khan, an accused in the 2022 brutal murder of pharmacist Umesh Kolhe. A Bench of Justice Ajay Gadkari and Justice Shyam Chandak said the crime was not only heinous but also an attack on society’s moral fabric.

Facts:

Kolhe was killed after he supported remarks made by former BJP spokesperson Nupur Sharma on Prophet Mohammed, which had triggered communal tension. According to the prosecution, a veterinary doctor shared a screenshot of Kolhe’s WhatsApp post in several groups and added a threatening message calling for action against him. This message was circulated at a time of heightened communal unrest following Sharma’s comments during a TV debate.

"Undoubtedly, the offence alleged is grave and heinous in nature. Such offences affect the very core and conscious of the society, make it vulnerable and think to live in constant fear. Having reached to this prima facie opinion, we are not inclined to exercise the discretion of bail in favour of the Appellant," the judges stated in their ruling.

Kolhe, a veterinary pharmacist in Amravati, had shared a message in a group that included Khan, which provoked Khan’s ire; the note circulated by Khan read: “Amit Medical Prabhat Takiz Tehsil ke Samane isko batana hain ke jin logon ke bharose kamai ki unse hi dushmani ka anjam kya hota hai, is message ko zyada se zyada group or gore walo ko send kare.”

Prosecutors argued this was a clear call to incite revenge, though Khan claimed it was merely a push for fellow Muslim professionals to boycott Kolhe's business.

In the 21-page order, Justice Chandak noted that Khan’s post quickly reached accused No. 5 (A-5), who passed it on to others, after which secret meetings were held where plans to “behead” Kolhe were formed.

"Considering the material on record, prima facie it appears that, a terrorist gang was formed by the accused persons under the leadership of A-7 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 bench concluded. Rejecting Khan’s claim that he met A-5 only once and had no role in any plot, the judges cited 25 phone calls between them as proof of his concealed involvement.

The judges observed: "However, that itself is not sufficient to accept that the Appellant (Kolhe) has been innocent or was not part of the conspiracy to eliminate the deceased. Because, from the material on record it appears that, after igniting the anger with his instigating message, the Appellant shrewdly kept himself away from co-accused till the commission of murder, so that he cannot be held responsible for the crime. The 25 phone calls exchanged between him and A-5, also indicates the same. Meaning, the Appellant was quietly active behind the curtain,".

They added that his absence from a single meeting did not matter, as conspiracies are usually proved through circumstances rather than direct evidence.

As the court explained,"Conspiracies are secretly planned and direct evidence is therefore difficult to produce. However, the Court for the purpose of arriving at a finding as to whether the said offence has been committed or not, must bear in mind that meeting of the minds is essential; mere knowledge or discussion would not be."

On these grounds,the court concluded that Khan and the other accused shared the intent to murder Kolhe, and therefore refused to grant bail.

Case Detail: Yusuf Khan s/o Bahadur Khan vs State of Maharashtra (Criminal Appeal 1144 of 2024)

Appearance: Advocates Yug Chaudhry, Sharif Shaikh, Afrin Khan, Muzammil Shaikh, Ejaz Shaikh, Anush Shetty, Muskan Shaikh, Benazir Khan and Mateen Shaikh appeared for the Appellant.

Additional Public Prosecutor Madhavi Mhatre represented the State.

Additional Solicitor General Anil Singh assisted by Advocates Chintan Shah, Aditya Thakkar, Sandeep Sadawarte, Prasanna Bhangale and Krishnakand Deshmukh represented the NIA.