Bombay High Court Grants Bail To Kafeel Ahmad, Prime Accused In 2011 Mumbai Triple Blasts Case

The Bombay High Court on Tuesday granted bail to Kafeel Ahmad Mohammad Ayub, one of the prime accused in the 2011 Triple Bomb Blast Case in which at least 21 people died while hundreds were left injured in Mumbai.

A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale considered the fact that the trial in the case is yet to commence and that Kafeel has already spent around 13 years in prison as an undertrial prisoner. The judges further noted that the prosecution had initially listed 700 witnesses for examination during the trial however, in October 2024, the prosecution decided to examine only 400 of the total 700 witnesses. 

The judges further noted that the confessional statements of prime accused Yasin Bhatkal, prima facie, indicates that, the role attributed to Kafeel, was of giving shelter to co- accused i.e. harbouring co-accused either prior to or after commission of the alleged offence.

"Record discloses that, after framing of charges on March 5, 2021, in last more than 4 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," the bench said in the order, penned by Justice Gadkari. 

Advocate Mubin Solkar representing Kafeel told Live Law, "The bench pronounced the judgment in open court stating that the ruling of the Supreme Court in KA Najeeb's case will be applicable in this case and in view of the same, he (Kafeel) is entitled to bail."

Notably, the prosecution's case against Kafeel, a resident of Bihar, is that he, along with co-accused, was allegedly radicalising Muslim youth to carry out "Jihad." The prosecution alleged that Kafeel not only accompanied the mastermind of the blasts but even arranged for accommodations for the other co-accused, helping them to hide, conspire and execute their plans.

Kafeel was therefore, booked under the provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) and the Maharashtra Control of Organised Crimes Act (MCOCA) along with other relevant statutes.

Three blasts took place on July 13, 2011 at Dadar Kabutarkhana, Opera House and Zaveri Bazar, in which 21 citizens lost their lives while around 113 were severely injured.

Appearance:

Advocates Mubin Solkar, Tahir Hussain, Anas Shaikh, Tahera Qureshi and Hemal Shah appeared for Kafeel.

Special Public Prosecutor Vaibhav Bagade along with Additional Public Prosecutor Ajay Patil represented the State.

Case Title: Kafeel Ahmed Mohd Ayub vs State of Maharashtra (Criminal Appeal 612 of 2022)

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