The Bombay High Court on Thursday granted bail to Delhi University professor Honey Babu, who has been in custody for the past five years in an urban Naxalism case. After a detailed hearing on Hany Babu's bail application, the court reserved its decision on October 3.
The bench of Justice Ajay Gadkari and Justice Ranjitsingh Bhosale had earlier clarified, while reserving its order, that the decision on the petition would not be based on its merits but on the fact that the petitioner had been in jail for a long period without trial. On Thursday, while delivering the verdict, the court granted bail to Hany Babu on this very ground.
Earlier, Hany Babu has been in jail without trial for the past five years and two months since his arrest. The charges against him have not even been finalised yet. The investigating agency only wants to keep them in jail. However, the Supreme Court has made it clear that keeping an accused in jail without trial is a violation of his fundamental rights, argued lawyer Yug Chaudhary during the hearing, while representing Hany Babu.
On the other hand, there is sufficient evidence to prove Hany Babu's involvement in the criminal conspiracy. Moreover, the charges against him are different from those of the other co-accused Vernon Gonsalves, Rona Wilson and Sudhir Dhawale. He was released on bail after spending more than six years in prison. No evidence was found against Gonsalves. This conclusion does not apply here. In serious crimes, bail cannot be granted on the basis of long imprisonment alone, argued Additional Solicitor General Anil Singh on behalf of the Central Government. Also, Hany Babu's bail plea was opposed.
The Pune Police had registered a case in this regard, linking the Elgar Parishad held in Pune on December 31, 2017, with the Bhima Koregaon case. Subsequently, the case was transferred to the National Investigation Agency (NIA). The NIA arrested Hany Babu in July 2020. He has been accused of making provocative speeches at the Elgaar Parishad.
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