In a significant development, the Bombay High Court has granted bail to former Delhi University associate professor Hany Babu, a key accused in the high-profile Elgaar Parishad case. The relief comes after Babu spent over five years in prison without the commencement of his trial.
Court Cites Prolonged Incarceration as Key Ground
The bench, while considering the bail plea, took serious note of the prolonged incarceration of over five years faced by the academic. Hany Babu's legal team successfully argued that keeping an undertrial prisoner behind bars for such an extended period, without the trial making substantial progress, violated his fundamental rights. The court's decision underscores a growing judicial concern regarding delays in the legal process, especially in cases investigated under stringent laws.
Background of the Elgaar Parishad Case
Hany Babu was arrested in connection with the Elgaar Parishad case, which stems from an event held in Pune on December 31, 2017. The National Investigation Agency (NIA) alleges that the event, which saw speeches and performances, led to violence near the Bhima Koregaon war memorial the following day. The agency claims the event was funded by banned Maoist organizations to overthrow the government. Several activists, lawyers, and academics, including Babu, have been implicated in the case under the Unlawful Activities (Prevention) Act (UAPA).
What This Bail Order Means
The grant of bail, while not an acquittal, is a major relief for Hany Babu and his family after a long legal battle. It allows him to reunite with his family and prepare his defense while outside custody. Legal experts view this order as a reinforcement of the principle that the right to a speedy trial is integral to Article 21 of the Constitution, which guarantees the right to life and personal liberty. The decision may set a precedent for other accused in the case who have also been behind bars for years awaiting trial.
The bail was officially granted on December 4, 2025, as per the order. The court is expected to have imposed certain conditions for his release, which are standard in such matters. The NIA, which is prosecuting the case, had opposed the bail application.
