Supreme Court permits Hany Babu to seek bail again in Bhima Koregaon UAPA case.
Case in News
The Supreme Court allows Hany Babu to seek bail from trial court, High Court or by reviving withdrawn SLP .
Case Overview
Case Name – HANY BABU vs. NATIONAL INVESTIGATION AGENCY AND ANR
In the Bhima Koregaon-Elgar Parishad conspiracy case, the Supreme Court allows Hany Babu to seek bail through three possible routes—by filing afresh before the trial court, approaching the High Court or reviving his withdrawn Special Leave Petition (SLP) before the apex court .
The case was heard by a bench of Justice Pankaj Mithal and Justice PB Varale, which dismissed the Miscellaneous Application but granted liberty to the petitioner . Babu was arrested by the NIA in July 2020 under the Unlawful Activities (Prevention) Act, 1967 (UAPA), and had spent over five years in custody . His earlier SLP was withdrawn in May 2024 to seek bail from the High Court, which led to procedural confusion .
Key Aspects
The key aspects relating to the case are as under –
- Hany Babu was denied bail by the Bombay High Court in September 2022 .
- He withdrew the SLP in May 2024, citing changed circumstances and prolonged custody .
- Miscellaneous Application sought clarification on whether High Court could hear fresh bail plea .
- NIA opposed, arguing that the plea was not maintainable and belonged before the trial court .
- Petition cited parity with co-accused granted bail by High Court and Supreme Court .
The dispute centered around whether Babu could again seek bail before a constitutional court . The petitioner stressed parity and long incarceration as grounds . The Court focused on procedural clarity, noting that seeking bail again was not barred . NIA’s objections on forum jurisdiction led the Court to leave it open-ended without granting relief .
Legal Insights
The legal insights relating to the case are as under-
- Section 43D(5), Unlawful Activities (Prevention) Act, 1967 : Bail shall not be granted if prima facie case exists against accused .
- Article 21, Constitution of India : Guarantees right to life and personal liberty, including the right to a speedy trial .
- Section 439, Code of Criminal Procedure, 1973 : Authorizes High Court or Sessions Court to grant bail .
- Order XXI Rule 1, Supreme Court Rules, 2013 : Deals with withdrawal and possible revival of SLPs .
- K.A. Najeeb v. Union of India (2021) 10 SCC 1 : Held that constitutional courts can override UAPA bail restrictions under Article 21 .
Court’s Verdict
The Supreme Court dismissed the Miscellaneous Application filed by Hany Babu but clarified that he is not barred from seeking bail through other available legal routes . The bench granted him liberty to approach either the trial court or the High Court for bail under appropriate provisions . Additionally, the Court permitted him to revive his earlier withdrawn Special Leave Petition (SLP), if he so chooses. While no direct relief was granted through the application, the Court ensured that procedural clarity was maintained and Babu’s right to seek bail was preserved .
Source – Supreme Court of India
Read also – Article 21, Constitution of India
