The Bombay High Court on Tuesday refused to grant bail to a veterinary doctor accused in the 2022 killing of Amravati pharmacist Umesh Kolhe, observing that the murder was carried out to “strike terror into the hearts and minds of the general public” over support to a political figure’s controversial statement.
A division bench of Justices A S Gadkari and Shyam Chandak dismissed the bail plea filed by 46-year-old Yusuf Khan, saying there existed a prima facie case against him under the Unlawful Activities (Prevention) Act (UAPA).
“Prima facie it appears that a terrorist gang was formed by the accused persons… to avenge the alleged dishonour of their faith by the deceased… 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 said in its order.
Umesh Kolhe, a pharmacist in Amravati, was murdered in June 2022 after he shared social media posts in support of then BJP leader Nupur Sharma, who had been at the centre of controversy over her remarks on Prophet Mohammad.
Eleven persons have been arrested in the case. The Maharashtra police initially probed the matter before it was handed over to the National Investigation Agency (NIA), which invoked provisions of UAPA against the accused.
Khan, a veterinary doctor, claimed he had no role in the killing and merely asked some other doctors not to buy medicines from Kolhe’s shop. His counsel argued that this did not amount to participation in any conspiracy or act of violence.
However, the bench found the claim insufficient to grant bail.
“The offence is grave and heinous in nature… such acts affect the very core and conscience of society, make it vulnerable and force it to live in constant fear,” the court noted.
While recognising the severity of the allegations and the broader societal impact of the incident, the bench held that bail could not be granted at this stage.
“Having reached this prima facie opinion, we are not inclined to exercise the discretion of bail in favour of the appellant (Khan),” the court said.
The case remains under investigation, and the trial is yet to commence.
