The Bombay High Court on Friday, January 23, granted bail to Bhima Koregaon accused and Kabir Kala Manch artistes Sagar Gorkhe and Ramesh Gaichor in connection with the 2018 Bhima Koregaon violence case. It was a bench of Justices AS Gadkari and SC Chandak that allowed the appeals filed by Gorkhe and Gaichor against the February 2022 order of the special NIA court in Mumbai, which had rejected their bail pleas in the matter.
After this order, both will be released from custody in the case being probed by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA). Gorkhe and Gaichor are required under the conditions laid down by the High Court, have to pay bail bond of ₹1 lakh with surety each and attend the NIA Mumbai office on the first Monday of every month.
A detailed order is yet to be published by the Court. Both Gorkhe and Gaichor were represented by senior lawyer Mihir Desai. This case, also known as the Elgar Parishad case, was earlier handled by the local Pune police and later taken over by the NIA.
The special NIA court in Mumbai had in February 2022 refused bail to Delhi University associate professor Hany Babu and Kabir Kala Manch members Gorkhe, Gaichor and Jyoti Jagtap, all arrested by NIA in 2020. It has taken four years since that refusal of bail for the Bombay High Court to grant this relief.
The special court had accepted prosecution’s case about the alleged role of the accused at the Elgar Parishad event and links to banned organisations attracted stringent UAPA provisions, and found no ground to depart from the statutory bar on bail in UAPA cases. Based on this reasoning, the court had rejected permanent bail to them though it granted interim bail to Sagar Gorkhe to enable him to prepare for and appear in his law examinations, noting his past compliance with bail conditions.
The Court allowed Gorkhe temporary release from November 20 to December 16, 2025 for the same. The accused then approached the High Court which allowed Gorkhe’s and Gaichor’s appeals today.
Hany Babu had secured bail in December last year.
Over a period of two years after the FIR was filed in 2018, sixteen persons were arrested in the Elgaar Parishad–Bhima Koregaon case, nine initially by Pune Police in 2018 and seven later by the NIA after it took over the probe. Of the 16, Jesuit priest and activist Father Stan Swamy died in custody in 2021. Swamy was 84 at the time of his death.
Most of the remaining 15 accused have secured bail or temporary bails from the Supreme Court and Bombay High Court. With today’s order by Bombay High Court, only lawyer Surendra Gadling would continue to remain in jail. Two others, tribal rights activist Mahesh Raut and cultural activist, Jyoti Jagtap are out on interim bails.
Charges in the case are yet to be framed and trial is yet to begin as discharge applications of the accused are being heard. The NIA is also yet to hand over electronic evidence, which it has claimed is key, to the accused persons.
Trajectory of the arrests
Although named as an accused in the original FIR, Gorkhe and Gaichor were arrested two years after the others. Both Gorkhe and Gaichir have been associated with the Kabir Kala Manch, a cultural group involved in anti-caste campaigns in Maharashtra. In 2011, however, the then Congress- led government accused the organisation of being a front for the banned Naxal movement in the state. Ever since, any association with Kabir Kala Manch has been looked at as illegal by the law enforcement. Both Gorkhe and Gaichor have faced incarceration in the past and an earlier case is pending against them.
Related:
Bombay HC bail for Hany Babu signals a critical reassessment of the Bhima Koregaon Case
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Bhima Koregaon case: 5 years on, charges not framed despite repeat extensions