After 5 Years Behind Bars Without Trial: Bombay HC Finally Frees Hany Babu in Bhima Koregaon Case

The Bombay High Court on Thursday granted conditional bail to former Delhi University Associate Professor Hany Babu, an accused in the Bhima Koregaon-Elgar Parishad case, after more than five years of detention without trial. A bench comprising Justices Ranjitsinh Raje Bhosale and Ajay Gadkari ruled that Babu’s prolonged incarceration violated his fundamental rights, noting that the delay in trial warranted temporary relief. The court denied the National Investigation Agency’s (NIA) request for a temporary stay to appeal before the Supreme Court.

Hany Babu was arrested in July 2020 by the NIA for alleged links with the Revolutionary Democratic Front and the banned CPI (Maoist). During the hearing, the court emphasized that its decision was based not on the merits of the case but on the excessive duration of detention without charges being formally framed. Babu’s lawyer, Yug Chaudhary, highlighted that the investigative agency’s approach appeared focused solely on prolonged incarceration, leaving Babu in jail for over five years without trial.

Under the bail conditions, Babu cannot leave Maharashtra without permission from the Mumbai Sessions Court. He must deposit his passports, provide his current address and contact details to the NIA, and use only one mobile phone, which must remain switched on at all times. Additionally, he is required to report to the investigating officer once a week, similar to conditions imposed on other accused in the case.

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The NIA, opposing bail, argued that Babu played a direct role in the alleged conspiracy and cited evidence from seized documents and electronic devices linking him to Maoist activities. Additional Solicitor General Anil Singh contended that prolonged imprisonment alone cannot justify bail in cases involving serious offences, stressing the gravity of the charges against the accused.

The Elgar Parishad event, held on December 31, 2017, at Shaniwarwada in Pune, commemorated the 200th anniversary of the Battle of Koregaon Bhima. The programme, attended by around 35,000 people, included cultural performances, speeches, and slogans. Violence broke out the following day, resulting in one death and several injuries. Initially investigated by Pune Police, the case later came under NIA supervision, leading to the filing of a 10,000-page chargesheet and the arrest of several academics, activists, and lawyers.

Babu was specifically accused of participating in the Elgar Parishad event and delivering “aggressive speeches,” a claim strongly denied by his counsel. In recent years, several co-accused, including Vernon Gonsalves, Arun Ferreira, Sudhir Dhawale, and Rona Wilson, have been granted bail under varying conditions. Hany Babu’s release marks a significant development in a case that has drawn nationwide attention for its prolonged legal proceedings and human rights concerns.

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