The Bombay High Court has granted bail to former Delhi University professor Hany Babu, who had been in custody since July 2020 in connection with the Bhima Koregaon–Elgar Parishad case. His arrest was based on allegations that he was associated with banned Maoist organisations and had participated in a larger conspiracy linked to the events surrounding the 2017 Elgar Parishad meeting and the subsequent violence at Bhima Koregaon. The bail was granted by a division bench comprising Justices A. S. Gadkari and Ranjitsinha R. Bhosale.
In allowing the bail application, the Court relied primarily on the ground of prolonged incarceration. Hany Babu has spent more than five years in prison without the commencement of trial, and his plea did not seek a review on the merits of the allegations but focused solely on the delay in the proceedings. The Court recognised that the trial had made limited progress despite the extended period of judicial custody, and it considered such delays significant enough to justify relief.
Earlier, his bail pleas had been rejected both by the trial court and by the High Court in September 2022. He subsequently approached the Supreme Court but opted to withdraw that petition in 2024 so that he could file a fresh bail application before the High Court on the basis of changed circumstances. One such circumstance was that several co-accused in the Bhima Koregaon case had already been granted bail by various courts. While noting this, the High Court clarified that bail decisions must still be assessed independently based on the applicant’s own situation.
The National Investigation Agency opposed the bail, arguing that the period of custody served by Hany Babu was not adequate grounds for release in a case involving allegations under the Unlawful Activities (Prevention) Act. The agency contended that prolonged incarceration alone should not be determinative when the charges involve offences considered grave and serious under national security laws. It insisted that the allegations against him, including alleged links to banned organisations, required his continued detention.
The Court, however, noted that delays in commencing the trial could not continue indefinitely, especially when an accused has remained in custody for several years. After hearing both sides, the bench had earlier reserved its verdict before ultimately ruling in favour of granting bail. With this decision, Hany Babu joins a group of other accused in the case who have been released on bail after spending considerable time in custody.
The High Court’s detailed order is awaited, but the decision marks a significant development in the ongoing set of prosecutions arising from the Bhima Koregaon matter.
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