On Friday, the Bombay High Court reserved its verdict on the anticipatory bail application filed by former Delhi University Professor Hany Babu, accused in the high-profile Elgar Parishad, Bhima Koregaon case.
A division bench comprising Justice Ajay Gadkari and Justice Ranjitsinha Bhonsale adjourned the matter for judgment, with Justice Gadkari noting, “We may take some time to pronounce the order.”
Babu’s plea comes after the High Court had earlier dismissed his appeal challenging the special court’s denial of bail on September nineteenth, 2022. He had approached the Apex Court against this order but withdrew the petition on May third, 2024, citing changed circumstances, including the fact that eight other accused in the case had been granted bail by both the Supreme Court and the High Court.
Highlighting prolonged incarceration, Babu pointed out that he has spent over five years and two months in judicial custody without trial, noting significant delays in proceedings at the special court.
Countering this argument, Additional Solicitor General Anil Singh contended that Babu’s period in custody does not compare with that of co-accused Rona Wilson and Sudhir Dhawade, and therefore, long incarceration alone cannot warrant bail. The bench clarified that the current application addresses only the aspect of prolonged detention and not the merits of the case.
Professor Babu was arrested by the National Investigation Agency on July twenty-eighth, 2020, for alleged involvement in the Revolutionary Democratic Front and the Communist Party of India (Maoist). The prosecution claims he maintained close ties with left-wing extremist networks and possessed a book titled Secrecy Handbook, allegedly outlining measures to support comrades facing arrest, including legal aid, publicity, and protest organization.
These allegations relate in particular to Babu’s purported assistance to fellow accused Professor G.N. Saibaba.
The High Court’s reserved order is keenly awaited, as it may have significant implications for the ongoing trial and broader debates around incarceration and bail in sensitive political cases.
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