Mumbai: The Bombay High Court on Tuesday granted bail to a 65-year-old accused in the 2011 Mumbai triple blasts case, accepting a protracted trial as a valid reason for the relief sought by the Bihar resident.
Kafeel Ahmed Mohd Ayub, 65, will step out of jail on bail, nearly 13 years after he was arrested in the 2011 Mumbai triple blasts case, after furnishing a personal bond of Rs 1 lakh.
While offering relief to Ayub, the Bench of Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale considered the fact that the prosecution had examined only 173 out of the 800 listed witnesses till May 2022 – the month in which the bail plea was filed by him.
The accused’s advocate, Mobin Solkar, argued that indefinitely detaining him was unconstitutional.
He said Ayub, a resident of Bihar, had been imprisoned for over a decade before trial, with no prospects for a speedy trial.
Solkar later told reporters that the Bench had said “that the ruling of the Supreme Court in K.A. Najeeb’s case will be applicable in this case and in view of the same, he (Kafeel) is entitled to bail”.
According to the 2021 ruling of the apex court in the K.A. Najeeb case, granting bail to an accused in the event of a prolonged trial is part of his constitutional right to life and a speedy trial.
The three blasts in Mumbai had taken place at Zaveri Bazar, Opera House and Dadar Kabutarkhana on July 13, 2011, killing 21 people and injuring 113. The police had booked 11 accused, including alleged members of the Indian Mujahideen.
The case was investigated by Mumbai ATS, and in February 2012, the Delhi Police arrested Ayub. He has been lodged in Mumbai’s Arthur Road Jail since then.
The prosecution alleged that Ayub allegedly incited some youth to wage “jihad” and, along with the main accused, Yasin Bhatkal – a top IM operative – provided them assistance. Bhatkal is serving a death penalty for the Hyderabad blasts, is also one of the accused in the Mumbai triple blasts case.
In his bail plea, Ayub argued that the allegations against him were vague and the prosecution had not mentioned anywhere that he had any knowledge of the bombing plot.
Ayub stated in his bail application that he is an Indian citizen with no intention of absconding, and that denying him bail after so many years in prison is against democracy and the rule of law.
(IANS)
