On August 10, the Supreme Court granted bail to Bhima Koregaon accused of Varavara Rao on medical grounds. In its order, the court said that Rao should not misuse liberty in any manner. Furthermore, the court said that bail has been granted strictly on medical grounds and it will not affect the merits of the case.
The Supreme Court bench led by Justice UU Lalit was hearing Rao’s plea against the Bombay High Court order where it had rejected his petition for permanent medical bail. Rao was on interim bail on medical grounds and had been asked to surrender on July 12. The Supreme Court had extended the bail on July 12 till further orders.
During the hearing, Additional Solicitor General Raju stated that Rao should not be granted bail as he was a member of a banned organization CPIM. He was also engaged in nefarious activities.
ASG: Please see what the court noted … Undertrial was a member of the banned organisation.. CPIM. He also engaged in nefarious activities. Thus he was denied permanent bail#VaravaraRao #BhimaKoregaon @NIA_India
— Bar & Bench (@barandbench) August 10, 2022
Though Rao’s advocate had claimed he had Parkinson’s, ASG suggested that the medical reports did not point out that Rao was suffering from the same. He said during his time he prison, he contracted Covid-19 and the symptoms were related to that only.
ASG: It is nothing serious. Please look at recent medical condition. Despite it is a private hospital.. we are accepting it with a pinch of salt. He had COVID. Only symptom was COVID and it was nothing else. #VaravaraRao #BhimaKoregaon @NIA_India
— Bar & Bench (@barandbench) August 10, 2022
ASG said, “The nature of activities by the person is dangerous and harmful for the nation. He is a very shrewd person.” He added that Rao wanted to bail based on his medical condition but he did not visit the hospital at all.
ASG: The nature of activities by the person is dangerous and harmful for the nation. He is a very shrewd person.
— Bar & Bench (@barandbench) August 10, 2022
Justice Lalit: That is why we are asking if the liberty was misutilised?
ASG: But he wants bail on medical conditions and does not go to hospital at all
Conditions applied to Rao in bail orders
While granting bail, the court directed Rao not to leave the jurisdiction of the concerned trial court without permission from the trial court. He has been directed not to misuse the liberty in any way and not to get in touch with any of the witnesses. He has also been directed to keep NIA informed about the medical attention he receives. The court said that the bail has been granted purely on medical grounds and it will not impact the case of the other accused and the appellant on merits.
SC: This bail is only on purely medical grounds. This order shall not impact the case of other accused or the appellant on merits. The appellant shall not leave the jurisdiction of Mumbai#VaravaraRao #BhimaKoregaon @NIA_India
— Bar & Bench (@barandbench) August 10, 2022
The case against Rao
Rao was accused of alleged inflammatory speeches made at the Elgar Parishad conclave that was held in Pune in December 2017. The Police arrested Rao because his speech on December 31 was one of the reasons that triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of Pune. The Police also alleged that the organizers of the event has Maoist links. NIA was handed over the investigation in the matter.
On August 28, 2018, Rao was arrested at his Hyderabad residence. He is currently under trial in the case. FIR against him was lodged by Pune Police on January 8, 2018, under several Sections of IPC and UAPA.
