New Delhi: The Bombay high court on Tuesday (November 4) granted bail to Kafeel Ahmad Mohammad Ayub, one of the prime accused in the 2011 triple bomb blast case in Mumbai, in which at least 21 people died and over a hundred were left injured.

A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale observed that the trial in the case is yet to commence and that Kafeel has already spent nearly 13 years in prison as an undertrial prisoner, LiveLaw reported.

The bench, as per the report, said that the confessional statements of another prime accused, Yasin Bhatkal, prima facie indicates that the role of Kafeel, a resident of Bihar, in the attack was of giving shelter to co- accused either prior to or after the alleged offence.

On the other hand, the prosecution's case against Kafeel is that he, along with the co-accused, was allegedly radicalising Muslim youth to carry out "Jihad." 

Notably, charges against the prime accused in the case were framed only on March 5, 2021 – nine years after the arrest. The high court also 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 them.

"Record discloses that, after framing of charges on March 5, 2021, in the last more than four 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," Justice Gadkari noted, as quoted by LiveLaw.

As per a report by The Hindu, the judges also stressed that “speedy and expeditious trial is a facet of right to live as embodied under Article 21 of the Constitution of India.”

“Had it been a case at the threshold, we would have outrightly turned down the respondent’s prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the high court appears to have been left with no other option except to grant bail,” they said. 

The court has ordered him to furnish a personal bond of Rs 1 lakh with local sureties and comply with strict conditions, including monthly reporting to the ATS, surrendering his passport, and not leaving the trial court’s jurisdiction without permission.

Advocate Mubin Solkar, representing Kafeel, told LiveLaw, "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." 

Kafeel was 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. He was arrested on February 22, 2012, by the Delhi Police and later shifted to the custody of the Maharashtra ATS on May 19 that year.

Three simultaneous bomb explosions took place on July 13, 2011, at Dadar’s Kabutarkhana, Opera House and Zaveri Bazar during the evening rush hour in Mumbai. As many as 21 people died and around 113 were injured in what is considered one of the deadliest attacks since 2008.

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