Today, On 4th December, The Bombay High Court granted bail to Delhi University professor Hany Babu, arrested in 2018 for his alleged role in the Bhima Koregaon violence case. The prosecution has sought a stay to appeal the decision in the Supreme Court.
The Bombay High Court granted bail to Delhi University professor Hany Babu, who was arrested in 2018 due to his alleged involvement in the Bhima Koregaon violence case.
The prosecuting agency requested a stay on this decision to allow them to appeal to the Supreme Court.
However, the Division Bench, comprising Justices AS Gadkari and Ranjitsinha R Bhonsale, denied the request for a stay, noting that Babu has been incarcerated for over 5 years and 7 months. Babu will be released upon depositing a bail bond of Rs.1 lakh, along with sureties.
Arrested on July 28, 2020, Babu has spent more than five years in custody, facing charges of being affiliated with the Communist Party of India (Maoist) and participating in a purported plot to attack Prime Minister Narendra Modi.
He is also accused of being part of a committee that supported GN Saibaba, a fellow academic sentenced to life imprisonment due to alleged Maoist connections.
In February 2022, a trial court in Maharashtra dismissed the bail application submitted by Babu and three others.
The Bombay High Court upheld this decision in September 2022. This ruling was later contested by Babu in the Supreme Court. In January, the top court requested the National Investigation Agency’s (NIA) response to Babu’s ongoing bail application.
However, in May, Babu withdrew his plea from the Supreme Court, citing changing circumstances, and indicated his intention to file a new bail request with the Bombay High Court.
Babu’s attorney, Yug Mohit Chaudhary, advocated for bail on the basis of significant delays in the trial. He highlighted that the NIA had not yet responded to Babu’s discharge application submitted to the special NIA court in Mumbai.
Chaudhary also referenced the High Court’s January directive, which instructed the special NIA court to expedite the trial and finalize the framing of charges within nine months. This instruction was part of its order approving bail for activists Rona Wilson and Sudhir Dhawale.
On the other hand, Additional Solicitor General Anil Singh opposed the bail application, arguing that Babu faces serious charges under the Unlawful Activities Prevention Act (UAPA) related to alleged terrorist activities.
He clarified that the NIA had indeed submitted a response to the discharge application, but the special court opted to address the discharge applications of all accused together, causing delays. Singh also pointed out that Babu’s time in custody has been shorter than that of other accused individuals, including Rona Wilson and Sudhir Dhawale.
Case Title: Hany Babu v. National Investigation Agency & Ors.