Bhima Koregaon Case: Mumbai Court Upholds Bail for Four Accused
A special court in Mumbai, on August 28, dismissed the National Investigation Agency’s (NIA) plea to revoke the bail of four individuals involved in the high-profile Bhima Koregaon case. The NIA had requested the cancellation of bail for activists Arun Ferreira and Vernon Gonsalves, along with lawyer Sudha Bharadwaj and poet P Varavara Rao. The agency alleged that the accused had violated their bail conditions by attending a gathering at the Mumbai Press Club on January 19, where other accused individuals were also present.
The NIA argued that this meeting constituted a breach of the bail condition, which prohibited the accused from contacting or communicating with co-accused or others involved in similar activities. However, Special Judge Chakor S Baviskar found that the mere presence of the accused at the gathering did not amount to a violation of the bail terms. The judge observed that it is natural for co-accused to interact, especially during the hearing of a case, and such interactions do not automatically imply a breach of conditions.
The court noted, “It is but human that they might have discussed the case, facts, fate of co-accused, and related issues. By that alone, it cannot be concluded that they committed a breach of the condition.” The judge further stated that the accused often meet inside and outside courtrooms during hearings, and a change in the meeting venue does not necessarily indicate a violation.
The NIA alleged that the Press Club meeting aimed to propagate the ideology of the banned Communist Party of India (Maoist) and to plan the future course of the “Urban Naxal” movement. However, the accused refuted these claims, asserting that their discussions were limited to prison life, health conditions, and the legal future of their co-accused. The court found no substantial evidence to support the NIA’s assertions, noting that the CCTV footage from the event lacked audio, making it impossible to determine the discussions’ content.
Judge Baviskar emphasized that the bail conditions were intended to prevent involvement in similar criminal activities. He stated, “Sans any evidence to that effect, certainly, mere gathering of the accused falls short to conclude that the bail condition is breached.” Despite rejecting the NIA’s applications, the judge cautioned the accused to exercise greater care to avoid potential breaches in the future.
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“As a matter of caution, since the accused are well aware of the bail conditions, seeing other accused gathered at the Mumbai Press Club function, they should have recused themselves to prevent further complications,” the judge advised.
The Bhima Koregaon case involves allegations of Maoist links and a larger conspiracy related to the violence that erupted near Pune on January 1, 2018. Sixteen individuals have been arrested in connection to the case, with nine initially detained by Pune Police in 2018, and seven later by the NIA after assuming control of the investigation. Of the accused, Jesuit priest and activist Father Stan Swamy passed away in custody in 2021. All the accused have secured bail from the Supreme Court and Bombay High Court. The charges are yet to be framed, and the trial has not commenced. Special public prosecutor Prakash Shetty represented the NIA, while advocates R Satyanarayanan, Yug Mohit Chaudhry, and Wahab Khan represented the accused.
