Bhima Koregaon case: India’s top court grants bail to Gautam Navlakha, says trial may ‘take years'

The Supreme Court of Indiaon Tuesday (May 14)granted bailto Gautam Navlakha, an accused in the Bhima Koregaon violence case, observing that the trial is unlikely to endsoon.

A bench comprising Justices M M Sundresh and S V N Bhatti refused to extend the stay imposed by the Bombay High Court in December 2023 on its bail order. The court also stipulated that Navlakha must pay Rs 20 lakh to cover security expenses during his house arrest.

The bench pointed out that Navlakha has been in custody for over four years, the trial involves 370 witnesses, six co-accused have already been granted bail, and charges have yet to be framed.

“Prima facie we are of the view that there is no need to extend the interim order of bail. The appellant has been in incarceration for more than four years and charges are yet to be framed…the High Court by detailed order has deemed fit to grant bail. The trial would take years and years and years to complete…Thus…we are not inclined to extend the stay,” the court said and asked Navlakha to cooperate with the trial.

The court was addressing an appeal from the NIA challenging the high court's decision to grant Navlakha bail. The NIA's counsel argued that the allegations against Navlakha were serious and noted that not all co-accused had been granted bail.

While granting Navlakha bail, the high court had said that “no covert or overt terrorist act has been attributed to him under Section 15 of the Unlawful Activities (Prevention) Act, 1967”.

Navlakha was placed under house arrest in Navi Mumbai under strict conditions following a November 2022 Supreme Court directive, citing his claimed poor health.

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Although the special NIA court, in denying Navlakha's bail request, had indicated initial evidence of a connection between him and Syed Gulam Nabi Fai—convicted by a US court in 2012 for ties to the Pakistani intelligence agency ISI—the high court stated this had no bearing on the current case. According to the NIA, Navlakha had communicated with the US court seeking leniency for Fai.

(With inputs from agencies)