[BREAKING] Bombay High Court grants bail to Bhima Koregaon accused Dr. Varavara Rao for six months

The Bombay High Court on Monday granted bail to 82-year-old Bhima Koregaon accused Dr. Varavara Rao on medical grounds..The Court has granted the octogenarian bail for a period of six months upon furnishing of bail bond of Rs. 50,000/-..The order was passed by a Bench of Justices SS Shinde and Manish Pitale in two separate pleas - one by Rao praying for bail and the other by his wife Pendyala Hemlatha seeking the Court’s intervention in view of the alleged violation of his fundamental right to health. .The Court had reserved its verdict on February 1..Pronouncing its verdict today, the Bench held,"We feel that with the condition of the under trial, it would be inappropriate to send him back (to jail). It would be appropriate to impose such conditions."."We are of the opinion that this is a genuine and fit case to grant relief or else we will be abdicating our constitutional duties as protector of human rights and right to health covered under right to life of Article 21 of the Constitution.".Justice Shinde imposed conditions to ensure that those associated with him do not take undue advantage of this order..Rao has been granted bail on the condition that he has to stay within the jurisdiction of the Special NIA Court, Mumbai. He has been directed to mark his presence with the nearest police station through WhatsApp video call. .Rao has been directed not to indulge in any activities or similar activities which led to the registration of the FIR.He has been directed not to issue any statements or speak to the media, print and electronic.."We feel that although material on record does show that the health condition of undertrial is precarious we feel that sending him back to where he belongs is fraught with the risk of his presence being used by those allegedly associated with him.".Just as the Court pronounced the verdict, Additional Solicitor General Anil Singh sought a stay on the order for three weeks. However, the Court rejected this plea..The Court further held that Rao has to attend the trial whenever necessary, but can apply for exemption from physical appearance..Rao's wife had initially approached the Supreme Court, which denied relief and directed her to approach the High Court instead. .Rao is presently lodged in Nanavati Hospital after Chief Public Prosecutor Deepak Thakare informed the Court that the State Home Minister was willing to shift Rao to a private hospital as a special case..During the hearing of the case, the Court had requested the lawyers to adopt a humanitarian approach while arguing, considering Rao’s deteriorating heath and advanced age."You make sure to keep in mind the age and health of Dr. Rao. He is above 80 years old. Ensure your submissions take this into account," Justice Shinde had told both counsel..Keep in mind his age, health while arguing: Bombay High Court to lawyers in Dr. Varavara Rao's plea for release on medical grounds.Senior Advocates Anand Grover and Indira Jaising had appeared for Rao.They expressed apprehension that the medical condition of Rao may relapse to a critical state if he is sent back to Taloja Central Prison, and that the decision to do so would be against his fundamental right to health..Grover argued that the Taloja prison hospital is ill-equipped to deal with Rao’s critical condition if and when he relapses to his previous critical state..Jaising submitted that Rao’s condition of detention was cruel, inhuman and degrading.Her argument was that Rao’s detention served no penological purpose given his age and uncertainty of completion of trial, since the purpose of detention is to reform a person and put him back in society..ASG Anil Singh, appearing for the National Investigation Agency (NIA), advanced two main contentions:That the jail authorities are capable of providing all medical facilities that were being provided by Nanavati Hospital. On the hypothetical possibility of a medical emergency faced by Rao, bail ought not to be granted.That while considering bail application, the seriousness of the offence charged against the accused must be considered..Singh further contended that he wouldn’t have opposed the plea as much had it not been a matter of national security..He concluded his submissions by praying that instead of releasing Rao on conditional bail, the Court may impose conditions on the authorities for the octogenarian's detention..While reserving the matter for orders, the Court had extended the interim direction to keep Rao in Nanavati Hospital till the pronouncement of its verdict in the bail plea..[Read judgment here]