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Observing that his presence in the city of Amravati is likely to cause a “wave of terror in the society”, a special court Wednesday rejected the interim bail application of an accused booked for the murder of Amravati-based chemist Umesh Kolhe, who sought to attend his brother’s wedding.
Shahrukh Hidayat Khan had sought interim bail for 15 days to attend the wedding in Amravati. The National Investigation Agency (NIA) opposed the plea stating that most of the witnesses of the case hail from Amravati. Kolhe was murdered on June 21, 2022, when he was returning from work, days after he had put up a post on social media, in support of then BJP spokesperson Nupur Sharma, who had made controversial comments about Prophet Muhammad.
“Hence, the presence of the applicant/accused Shahrukh in the city is likely to cause a wave of terror in the society and may again likely disturb harmony in the society. Considering all these facts and circumstances, this applicant/accused Shahrukh is not at all entitled to be released on interim bail to attend the marriage of his elder brother,” special judge C S Baviskar said. The court said that considering the background of the case, the accused is “not at all” entitled even for interim bail.
“Because the ground does not suit the conscience. It is a sort of enjoyment. His presence in the marriage is not at all inevitable. There is no mandate of any religion that one must be present for the marriage of his brother,” the court said. The court said that the allegations against Khan were that he had conducted a recce to ascertain Kolhe’s routes of traveling from work to home.
Khan had cited similar permissions granted to the accused by the special court in another case, the Elgaar Parishad case, where two accused were allowed interim bail for weddings of close relatives.
“In that case, no murder was committed by anyone and the facts of that case are altogether different from the facts in this case,” the court said.
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