Mumbai High Court grants bail to arrested Sagar Gorkhe and Ramesh Gaichor

Koregaon–Bhima case

Mumbai – In the Koregaon–Bhima case, the Bombay High Court has granted bail to Sagar Gorkhe and Ramesh Gaichor after five years of incarceration. Both are associated with the organisation Kabir Kala Manch. The order was passed by a Division Bench comprising Justice Ajay Gadkari and Justice Shyam Chandak. No stay has been granted to challenge this order before the Supreme Court. The High Court clearly observed that petitioners cannot be kept in prison for a prolonged period without trial.

Following the incident that occurred at Koregaon–Bhima near Pune on 1.1.2018, violence had erupted. Alleging participation in the Elgar Parishad programme held in Pune on 31.12.2017, Delhi University Associate Professor Hany Babu and members of the cultural group Kabir Kala Manch, namely Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap, were arrested.

Arguing before the Court, counsel for the petitioners Yug Chaudhary stated –

1.Since their arrest, the accused have remained in prison without trial. No charges have been framed against them till date. The investigating agency only intends to keep them incarcerated; however, detaining an accused for such a long period without trial amounts to a violation of fundamental rights.

2.Accepting these submissions, the High Court granted bail to the accused on a bond of Rs 1 lakh each. The accused are required to register their residential address and mobile phone number with the investigating agency. They are not permitted to switch off their mobile phones. They have been restrained from leaving the jurisdiction of the Mumbai NIA Court and have been directed to remain regularly present before the investigating officers.

Opposing the bail, Additional Solicitor General Anil Singh, appearing for the National Investigation Agency, argued before the High Court that the investigating agency possesses evidence indicating the direct involvement of all the accused in a serious criminal conspiracy. He submitted that bail cannot be granted in such grave offences merely on the basis of prolonged incarceration.