The Bombay High Court has ordered the release of former Delhi University associate professor Hany Babu, an accused in the high-profile Elgaar Parishad case, on bail. The court cited his prolonged incarceration of over five years without the commencement of trial as the primary ground for its decision.
Court Rejects NIA's Plea for Stay
A division bench comprising Justices Ajey S. Gadkari and Ranjitsinha R. Bhonsale pronounced the verdict on Thursday, December 4, 2025. The bench had reserved its order after concluding hearings on October 3. The court directed Babu's release upon furnishing a personal bond of Rs. 1 lakh along with sureties of the same amount.
Significantly, the bench refused a request from the National Investigation Agency (NIA) to stay the operation of the bail order. The NIA had sought the stay to enable it to file an appeal before the Supreme Court. The High Court declined, emphasizing that the accused has already spent over five years in jail without trial.
Legal Arguments and Prolonged Delay
Advocate Yug Mohit Chaudhry, representing Hany Babu, argued for bail on the grounds of an inordinate delay in the trial. He pointed out that the prosecution had not yet responded to Babu's discharge application, which was filed two years ago. Chaudhry also highlighted a change in circumstances, noting that eight co-accused had been granted bail by the Supreme Court or High Courts after Babu's initial bail rejection in September 2022.
On the other side, Additional Solicitor General Anil Singh, appearing for the NIA, opposed the bail plea. Singh argued that the special court had decided to hear all discharge applications together, which contributed to the delay. He also contended that Babu's period of incarceration was shorter compared to some other co-accused in the case.
Case Background and Current Status of Accused
Hany Babu was arrested on July 28, 2020, and is currently lodged in Taloja Central Prison. The Elgaar Parishad case, initially investigated by Pune police in 2018, was taken over by the NIA in January 2020. The agency has accused individuals, including lawyers, activists, and academics, of having links with the banned CPI (Maoist).
The case has seen several developments regarding bail:
- Ten accused, including Varavara Rao, Sudha Bharadwaj, and Anand Teltumbde, have been granted bail and released.
- Activist Father Stan Swamy passed away in custody in July 2021.
- Last month, the Supreme Court granted interim bail to accused Jyoti Jagtap.
- Accused Mahesh Raut was released on extended medical bail.
- Lawyer Surendra Gadling and activists Sagar Gorkhe and Ramesh Gaichor are yet to receive regular bail.
The Bombay High Court's ruling underscores the judiciary's increasing scrutiny of the length of pre-trial detention, especially in complex cases investigated under stringent laws.
