The Bombay High Court granted bail to Ramesh Gaichor and Sagar Gorkhe in connection with the Elgar Parishad–Bhima Koregaon case, taking into account the prolonged period of incarceration they had already undergone. A Division Bench comprising Justice Ajay Gadkari and Justice Shyam Chandak allowed the bail applications filed by both accused, who had been in custody for approximately five years. The Court observed that continued detention was not justified given the length of incarceration and the stage of the proceedings. While the detailed reasons were to be provided in a subsequent order, the Bench indicated that the extended pre-trial detention was a significant factor in granting relief.
Ramesh Gaichor and Sagar Gorkhe are members of Kabir Kala Manch, a cultural group. They were arrested by the National Investigation Agency in connection with the violence that took place at Bhima Koregaon following the Elgar Parishad conclave held in Pune. According to the prosecution, both were involved in organizing and participating in the event and were alleged to have promoted Maoist ideology through speeches and cultural performances. The agency alleged that Gaichor delivered provocative speeches at the conclave, while Gorkhe used songs and performances to spread banned ideological narratives. The National Investigation Agency further claimed that their actions contributed to incitement and conspiracy linked to unlawful activities.
The prosecution case stated that both accused were initially approached to act as prosecution witnesses but were arrested after refusing to cooperate. They were subsequently charged under stringent provisions of the Unlawful Activities (Prevention) Act, along with other offences. The allegations included active membership in a banned organization and participation in a conspiracy aimed at destabilizing the State. Following their arrest, they remained in judicial custody while the investigation continued and charges were framed against multiple accused persons in the case.
The Elgar Parishad–Bhima Koregaon case has involved several activists, lawyers, academics, and cultural figures. The case originated from allegations that speeches and performances at the Elgar Parishad event led to violence at Bhima Koregaon. Over the years, the matter has seen extensive litigation, with multiple bail applications filed by accused persons before various courts. In several instances, bail has been granted by the High Courts and the Supreme Court, often citing prolonged incarceration and delays in the commencement of trial proceedings.
The Bombay High Court, while granting bail to Gaichor and Gorkhe, noted that several co-accused in the same case had already been granted bail. The principle of parity was taken into account, as continued incarceration of the two applicants would be inconsistent with earlier judicial decisions in similar circumstances. The Court also considered the fact that the trial had not commenced and that there was no clear indication of when it would begin, making indefinite detention unjustified.
As part of the bail conditions, the Court directed both accused to furnish bail bonds and comply with reporting requirements. They were required to report periodically to the investigating agency and adhere to restrictions imposed to ensure their availability for trial proceedings. These conditions were imposed to balance the grant of liberty with the interests of the ongoing investigation and judicial process.
Earlier, a special court dealing with cases investigated by the National Investigation Agency had rejected the bail applications of Gaichor and Gorkhe, citing the bar on bail under the Unlawful Activities (Prevention) Act. The special court had accepted the prosecution’s contention that there was prima facie material against the accused. However, appeals were filed before the High Court challenging those orders, leading to a reconsideration of their continued detention in light of the prolonged custody and developments in related cases.
During the pendency of the proceedings, interim relief had been granted to Sagar Gorkhe on a limited basis to enable him to appear for his law examinations. That interim relief was subject to strict conditions, including monitoring requirements. The final grant of regular bail by the High Court marked a significant development in the case for both accused.
The Elgar Parishad–Bhima Koregaon case has been marked by extensive delays, with multiple discharge applications and interlocutory proceedings pending before trial courts. Several accused have remained incarcerated for years without the commencement of trial. The High Court’s order reflects judicial consideration of these delays and their impact on personal liberty.
With the grant of bail to Gaichor and Gorkhe, most accused persons in the case have either been released on bail or granted interim relief, except for a limited number who continue to remain in custody. The case remains pending before the appropriate trial court, where further proceedings, including consideration of discharge applications and framing of charges, are to take place.
The High Court’s decision underscores the importance of balancing stringent statutory provisions with constitutional principles, particularly where prolonged pre-trial detention is involved. The bail granted to Gaichor and Gorkhe was not a determination on the merits of the allegations but was based on the duration of incarceration and parity with co-accused who had already been granted similar relief. The case continues to remain under judicial scrutiny as proceedings move forward before the trial court.
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