Bhima Koregaon Case: Bombay High Court Reserves Order In Hany Babu's Plea For Bail

The Bombay High Court on Friday closed for orders, the bail application filed by former Delhi University Professor Hany Babu, who has been booked for his alleged role in the Elgar Parishad - Bhima Koregaon case.

A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale closed the application filed by Babu, for orders.

"We may take some time to pronounce the order," Justice Gadkari said while closing the matter for judgment.

Notably, Babu's initial appeal against the special court's order was dismissed by the High Court and he was denied bail by an order passed on September 19, 2022. He had the challenged the HC order before the Supreme Court but withdrew the same on May 3, 2024 citing change of circumstances. These change of circumstances was the fact that eight of the accused in the case were granted bail by the Supreme Curt and also the High Court.

Babu has highlighted the fact that he has spent over 5 years and 2 months in prison without any trial and that the trial in the special court too has been delaying.

Countering the contention, Additional Solicitor General (ASG) Anil Singh argued that Babu has not spent substantial period in prison like Rona Wilson and Sudhir Dhawade and thus he cannot be granted bail merely on the basis of long incarceration.

The present application is limited only on the point of long incarceration and not on merits.

Prof Babu was arrested by the National Investigating Agency on July 28, 2020 in the Bhima Koregaon – Elgar Parishad case and is in jail since then. He is accused of having 'deep involvement' with the Revolutionary Democratic Front (RDF) and the CPI (Maoist). He is also accused of following a leftist book "Secrecy Handbook" which allegedly recovered from Babu, explicitly states that "if one comrade is arrested, other comrades must do everything to help…by providing legal representation, publicity and organising protest."

This is specifically with regard to Babu's alleged role in helping colleague Prof GN Saibaba, who too was named in the case.