Surendra Gadling, a lawyer and activist arrested in 2018 in connection with the Elgar Parishad-Bhima Koregaon case, has been granted bail by the Bombay High Court. The court cited delays in the trial and Gadling’s prolonged incarceration – over five years – as key reasons for granting him release.
Gadling was accused of being a member of the banned Communist Party of India (Maoist) and of conspiring to overthrow the government. Authorities alleged his involvement in inciting violence at the Elgar Parishad event held in Pune on December 31, 2017, which was followed by clashes at Bhima Koregaon.
The National Investigation Agency (NIA) took over the case in 2020. The court noted the slow pace of the trial, despite multiple extensions granted by the Supreme Court. It observed that of the 16 accused, only one witness had been examined in the last five years.
Justice Sandeep Marne, while granting bail, imposed conditions including a cash bond of ₹50,000 and a directive that Gadling report to the NIA office weekly. He is also prohibited from leaving the country and must surrender his passport.
The court rejected the NIA’s argument that Gadling’s release would hinder the investigation, stating that the evidence against him largely comprised documents recovered from his computer, which had already been seized. The NIA had also argued Gadling would tamper with evidence or influence witnesses.
This bail order follows similar releases granted to other accused in the Elgar Parishad case, including Varavara Rao, Hany Babu, and Sharma, also citing prolonged detention and slow trial progress. The case has been widely criticized for its lengthy investigations and the prolonged imprisonment of the accused. Gadling’s lawyers argued his health was deteriorating in prison and the continued detention violated his fundamental rights. The NIA intends to challenge this bail order in the Supreme Court.
