The High Court dismissed the criminal appeal filed by (Appellant/Original Accused No. 6) challenging the rejection of his bail application by the Special Judge. The case involved serious charges under IPC and UAPA related to a conspiracy allegedly leading to the murder of Umesh Kolhe. The prosecution case centered around social media posts regarding a controversial political comment, with the Appellant allegedly instigating violence through WhatsApp messages and participating in a conspiracy to kill the deceased. The Court examined the evidence including WhatsApp messages, meetings between accused persons, and the alleged formation of a terrorist gang. After hearing arguments from both sides and perusing the record, the Court found a prima facie case against the Appellant and dismissed the appeal, upholding the lower court's decision to deny bail.
The High Court of Judicature at Bombay -- Criminal Appellate Jurisdiction -- Dismissed Criminal Appeal No. 1144 of 2024 -- Challenging Order dated 12.07.2023 rejecting bail application -- Special Case No. 1493 of 2022 -- Charges under Sections 109, 120B, 302, 153-A, 201, 505 of Indian Penal Code, 1860 (IPC) -- Sections 16, 18, 20 of Unlawful Activities (Prevention) Act, 1967 (UAPA) -- Appellant alleged to be part of conspiracy leading to murder -- Social media posts and WhatsApp messages formed basis of prosecution case -- Court found prima facie case established -- Bail denied considering seriousness of charges
The High Court dismissed the criminal appeal and upheld the lower court's decision to reject the bail application of the Appellant
Citation: 2026 LawText (BOM) (01) 86
Case Number: Criminal Appeal No. 1144 of 2024
Date of Decision: 2026-01-20
Case Title: Whether the Appellant deserved bail in a case involving serious charges under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Indian Penal Code, 1860 (IPC) based on alleged conspiracy and terrorist activities
Before Judge: A. S. Gadkari J. , Shyam C. Chandak J.
Equivalent Citations: 2026:BHC-AS:2620-DB
Advocate(s): Dr. Yug Mohit Chaudhry, Mr. Sharif Shaikh, Ms. Afrin Khan, Mr. Muzammil Shaikh, Mr. Ejaz Shaikh, Mr. Anush Shetty, Ms. Muskan Shaikh, Adv. Benazir Khan i/b. Adv. Mateen Shaikh for the Appellant, Smt. Madhavi H. Mhatre for Respondent No. 1, Mr. Anil C. Singh, Mr. Chintan Shah, Mr. Aditya Thakkar, Mr. Sandeep Sadawarte, Adv. Prasanna Bhangale, Mr. Krishnakand Deshmukh for Respondent No. 2
Appellant: Yusuf Khan s/o. Bahadur Khan
Respondent: The State of Maharashtra, The National Investigation Agency
Nature of Litigation: Criminal appeal against rejection of bail application in a case involving serious charges under IPC and UAPA
Remedy Sought: Appellant seeking bail in Special Case No. 1493 of 2022
Filing Reason: Appellant challenged the impugned Order dated 12.07.2023 passed by the Special Judge rejecting his bail application
Previous Decisions: Special Judge, City Civil and Sessions Court, Greater Mumbai rejected bail application on 12.07.2023
Issues: Whether the Appellant deserved bail considering the serious charges under UAPA and IPC Whether prima facie case was established against the Appellant based on evidence presented
Submissions/Arguments: Appellant's counsel argued for bail based on merits of the case Respondent-NIA opposed the appeal through Affidavit-in-Reply and oral arguments State through APP supported NIA's opposition to bail
Ratio Decidendi: In cases involving serious charges under UAPA, bail should be granted only after careful consideration of prima facie evidence -- Social media communications and WhatsApp messages can constitute incriminating material in conspiracy cases -- The Court must examine whether there is reasonable ground to believe the accusations are prima facie true
Judgment Excerpts: Present Appeal is directed against the impugned Order dated 12.07.2023, passed below Exh.12, in Special Case No.1493 of 2022 Said case arises out of RC No.02/2022/NIA/MUM, under Sections 109, 120B, 302, 153-A, 201 & 505 of the Indian Penal Code and Sections 16, 18 & 20 of the Unlawful Activities (Prevention) Act, 1967 The Appellant, therefore, decided to avenge the deceased and hence, he took a screenshot of that message of the deceased, typed his own instigating message With that common objective, the accused persons formed a terrorist gang under the leadership of A-7 to kill the deceased and to strike terror in the general public
Procedural History: FIR registered on 22.06.2022 under Section 302 and 34 IPC -- Additional sections added during investigation -- Case transferred to NIA -- NIA re-registered crime as RC-02/2022/NIA/MUM -- Bail application filed by Appellant -- Bail rejected by Special Judge on 12.07.2023 -- Appeal filed before High Court -- Reserved on 08.01.2026 -- Pronounced on 20.01.2026
