Today, the Supreme Court granted bail to Gautam Navlakha, one of the accused in the Bhima Koregaon case. However, his release is contingent upon the payment of Rs 20 lakh for his house arrest.

The Bench of Justices MM Sundresh and SVN Bhatti presided over the hearing of the National Investigative Agency's appeal against the Bombay High Court's decision to grant bail to Gautam Navlakha. Navlakha, recognized as a journalist and activist, was arrested on April 14, 2020, on suspicion of his role in the turmoil that transpired at Bhima Koregaon village in Pune district on January 1, 2018. Due to his deteriorating health condition, the Supreme Court ordered his confinement to house arrest in November 2022.

Back in December 2023, the High Court bench comprising Justices AS Gadkari and Shivkumar Dige granted bail to Navlakha, observing the absence of substantial evidence indicating his involvement in a terrorist act as outlined under Section 15 of UAPA. However, the High Court temporarily suspended its ruling for three weeks upon the NIA's request for time to contest it in the Supreme Court. Subsequently, the Supreme Court repeatedly extended this stay.

In today's ruling, the Court has lifted the interim stay, explicitly acknowledging Navlakha's prolonged incarceration of over four years and the potential for the trial to extend for an indefinite period. The Court also considered pertinent factors such as the absence of framed charges.

Senior Advocate Nitya Ramakrishnan, representing Navlakha, emphasized the prolonged duration of his imprisonment and pointed out that other co-accused have already been granted bail. She also contested the amount required for house arrest, arguing that it is unsustainable. Ramakrishnan based her argument on the assertion that the charges fail to consider Navlakha's income.

Previously, Senior Advocate Nitya Ramakrishnan, representing Navlakha, informed the Court about the existence of 375 witnesses in the case. Subsequently, the Court remarked orally that the trial "may not be over for another ten years." Ramakrishnan also raised concern over the stay on the bail order, which was issued by the High Court without affording an opportunity for a hearing from the party.

As a result, the Court scheduled today's hearing to address these matters.

Case Details:

1. Gautam Navlakha v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 9216 of 2022

2. National Investigation Agency v. Gautam P Navlakha & Anr. | Special Leave Petition (Criminal) No. 167 of 2024