Mumbai, Aug 18 A special NIA court here on Tuesday denied bail to an accused in the 2022 murder of Amravati-based pharmacist Umesh Kolhe, noting that the killing was an "outcome of meticulous planning".
Kolhe (54) was murdered in Amravati in eastern Maharashtra on June 21, 2022, allegedly for sharing a social media post supporting former BJP spokesperson Nupur Sharma's controversial remarks about Prophet Mohammad.
Abdul Salim, the applicant, (prima facie) played an active role in giving support to the actual assailants and helped the co-accused to abscond, said judge Chakor Baviskar of the special court for National Investigation Agency cases.
The court also chided the accused persons for deliberately delaying proceedings by filing separate bail and discharge pleas.
All ten accused had been provided with the entire case material along with the charge-sheet on the same day, and they could have filed a single bail application, but they chose to file separate pleas, the court said.
"The only reason behind this could be that the accused themselves wanted to protract the trial unnecessarily and create ground for so- called long incarceration and cunningly raise hue and cry of right to speedy trial," the judge said.
"Hence, the crocodile tears of the accused for speedy trial are nothing but a mockery," he added.
Salim, arrested in August 2022, had sought bail on grounds of parity and long incarceration of over 40 months without framing of charges.
His counsel argued that he had not participated in any violent act and had no knowledge of the conspiracy, adding that provisions of the Unlawful Activities (Prevention) Act (UAPA) were not applicable, as no explosives had been used.
Rejecting the defence's arguments, the court said the incident was "not a flare-up in the wrecked moment".
"It is determined (to) wreak revenge. It is an outcome of meticulous planning. For that, recce was done. Way and means of travelling of Umesh Kolhe were observed. Weapons were procured. Roles of the accused were specified," the court said.
The court conceded that the accused did not use bombs or dynamites or any explosive substances, but pointed out that they did use knives which certainly come within the scope of 'lethal weapon'. Hence, the accused did commit a terrorist act within the meaning of the UAP Act, it said.
The court also accepted the prosecution's contention that Salim actively participated in the conspiracy meeting after the first assassination attempt failed on June 20, 2022.
Following the murder, he went to the hospital to confirm Kolhe's death and later assisted the prime assailants in fleeing. All these circumstances "are more than enough for anyone" to believe that allegations against Salim are prima facie true, the court, said, rejecting his bail plea.
