The Supreme Court on Friday granted bail to Dalit and women’s rights activist, Shoma Sen in connection with the Bhima Koregaon violence case.
A bench comprising Justice Aniruddha Bose and Justice Augustine George Masih passed the judgment after noting that the National Investigation Agency (NIA) did not oppose her bail and therefore, the stringent conditions for bail under the Unlawful Activities Prevention Act (UAPA) would not apply.
In its order, the court stated that Section 43(D)(5) restriction should not apply to the petitioner. The court further noted that the Additional Solicitor General, who appeared for NIA stated custody is no longer needed. The bench observed that they have seen she is of advanced age and the effect of delaying trial at this stage in addition to her medical conditions. It mentioned that she should not be denied the privilege of being released on bail.
However, the court clarified that its observations are prima facie in nature and future courses will be subject to examination of witnesses and Shoma Sen can be included in the trial. Granting her bail, the Court also set certain conditions. It stated that Shoma Sen shall not leave Maharashtra and shall surrender her passport. In addition, the court also mentioned that Sen should inform the NIA about her residence and the officer her mobile number and ensure that number remains active and charged. It added that the GPS of her mobile should be active and her phone should be paired with the phone of an NIA officer so that her location can be ascertained.
The court warned that if the condition is breached, it would be open to prosecution to seek cancellation of bail. Shoma Sen was arrested on June 6, 2018 and booked for offences under UAPA.
Last year in January, the Bombay High Court had directed her to approach the special NIA court for bail before coming to the High Court leading to the present appeal before the Supreme Court. Sen had first applied for bail before the Pune Sessions Court in December 2018 before filing of chargesheet and another application after filing of chargesheet.
Both the aforesaid applications were denied by the sessions court by way of a common order in November 2019. Following, the investigation in the case was transferred to the National Investigation Agency (NIA) and the trial was transferred to the special NIA court.
Subsequently, Shoma Sen approached the High Court for bail in 2020.