Mumbai: The Bombay High Court on Friday granted bail to two accused in the Elgar Parishad-Maoist links case on grounds of parity with other co-accused. Only accused Surendra Gadling remains to get bail.Justice Ajey Gadkari and Shyam Chandak allowed the appeals of Sagar Gorkhe and Ramesh Gaichor, members of cultural group Kabir Kala Manch, against special National Investigation Agency (NIA) court’s February 14, 2022 order that rejected their bail pleas. Both are lodged in Taloja jail since their arrest in Sept 2020.
NIA claimed Gorkhe and Gaichor were part of the Elgar Parishad event held in Pune on Dec 31, 2017. NIA said they performed a skit in which they spoke about the rule of Peshwas and democracy. Its chargesheet said two other accused had discussed with them about the event and Maoist ideology was being spread at the event with their help.They were booked for offences under Unlawful Activities (Prevention) Act and sedition. Their advocates argued that there was no evidence linking them to the offences. While releasing the operative part of the order, the judges set aside the February 14, 2022 order. They directed Gorkhe and Gaichor to be released on furnishing a personal bond of Rs 1 lakh each, along with one or more sureties to make up the amount. They will have to surrender their passports and inform their contact details and prospective places of residence. After their release from prison, they will have to attend the NIA, Mumbai office, on the first Monday of every month and all dates of trial unless precluded on medical grounds. They cannot leave the territorial jurisdiction of the HC without permission of the NIA court. They cannot also tamper with prosecution witnesses and/or evidence in any manner.The Pune police had made nine arrests in the case in 2018, and another seven people were arrested by the NIA after it took over the investigation in January 2020. Those arrested include prominent lawyers, activists and academics who were accused of being members of the banned CPI (Maoist). Following Friday’s order, 14 out of the 16 persons arrested have been granted bail, leaving only Gadling, whose case is pending in the Supreme Court. Another accused Fr Stan Swamy, a priest and tribal rights activist, died in custody in July 2021.
