In connection with the Bhima Koregaon violence case, bail has been granted to activist Shoma Sen by the Supreme Court today, This decision comes after Sen, a prominent advocate for Dalit and women's rights, was arrested on June 6, 2018, and charged under the Unlawful Activities Prevention Act (UAPA).

The bail was granted by a bench comprising Justices Aniruddha Bose and Augustine George Masih after it was noted that Sen's bail application was not opposed by the National Investigation Agency (NIA). This is deemed significant as stringent conditions under Section 43(D)(5) of the UAPA are typically applicable for bail requests. However, in this case, the court held that these restrictions should not be applied to Sen.

Several factors were considered by the court in granting bail to Sen. Primarily, her age and health conditions were taken into account, emphasizing the potential adverse effects of prolonged custody on her well-being. Additionally, the court considered the NIA's stance that custody was no longer necessary, which played a pivotal role in the decision-making process. The court also clarified that its observations are prima facie and subject to further examination during trial proceedings.

Specific conditions were set by the Supreme Court to ensure compliance and address any concerns regarding potential flight or tampering with evidence. Sen is required to stay within Maharashtra and surrender her passport. She must inform the NIA about her residence, keep her mobile phone active and charged, and enable GPS tracking on her phone, which will be paired with a phone belonging to an NIA officer.

The imposition of these conditions reflects the court's attempt to balance Sen's right to liberty with the interests of justice and national security. Breach of these conditions can lead to the prosecution seeking the cancellation of bail, highlighting the seriousness with which such conditions are enforced in sensitive cases like this.

Sen's legal journey in seeking bail has been complex and protracted. Initially approaching the Pune Sessions Court for bail before the filing of chargesheet, her applications were rejected in November 2019. Subsequently, with the transfer of the case to the NIA and the trial to a special NIA court, Sen navigated legal challenges, including approaching the Bombay High Court and eventually appealing to the Supreme Court.

Case: Shoma Kanti Sen vs. State of Maharashtra and anr.