[BREAKING] Bhima Koregaon case: Supreme Court grants bail to Varavara Rao on medical grounds

The Supreme Court on Wednesday granted bail to Bhima Koregaon accused Varavara Rao, who was arrested in 2018, on medical grounds..A Bench of Justices UU Lalit and S Ravindra Bhat ordered,"Matter has not even been taken up for framing of charges and the discharge applications by accused and others are also pending. The medical condition of Rao has not improved over period of time so that bail granted is withdrawn. We thus find P Varavara Rao is entitled to bail on medical grounds. We thus delete the para limiting the bail to a period of time.".However, the Court made it clear that this order shall not impact the cases of the other accused or of Rao on merits. Rao was ordered not to leave the jurisdiction of Mumbai..The following considerations weighed with the Court while granting bail:- Rao is 82 years old- Investigating agency had the opportunity of custodial interrogation since 2018- Though chargesheet is filed, some of the accused in the case are still not apprehended- The medical condition of Rao has not improved over a period of time..Appearing for Rao, Senior Advocate Anand Grover argued that there are no charges framed against his client, and that even documents were not given to him. He added that the trial will take a minimum of ten years to complete, and highlighted the medical condition of Rao, who has Parkinson's disease and a chronic case of blood clotting..Additional Solicitor General SV Raju, however, said that Rao was trying to delay the trial by filing a discharge application.At this point, Justice Lalit replied,"You don't dispute ailments. Look at his age. If he is suffering, then he will either continue or deteriorate. It cannot improve. Show us how it is improving now."ASG Raju went on to argue,"Undertrial was a member of the banned organisation...CPI Maoist. He also engaged in nefarious activities. Thus he was denied permanent bail. The nature of activities by the person is dangerous and harmful for the nation. He is a very shrewd person."When the Court asked whether Rao has violated bail conditions in the past, the ASG said that he wanted bail on medical grounds, but does not go to the hospital at all.The Court then noted,"Why did NIA take over so late? The moment there is a charge under UAPA, the State government has to submit reports to NIA...We have to take a holistic view. He had been inside for 2.5 years at the age of 82. You are also not saying that liberty was misutilised.".The Court then asked how long the trial will take, to which the ASG replied that it would be completed in one-and-a-half years."Then we will order him to stay in Mumbai only," the Court observed.ASG Raju insisted,"Age cannot be a factor when offence is against the nation. He has attempted to overthrow the constitutionally elected government. He is a criminal...""That is why we will put a condition that if he violates the bail condition, then the bail will be set aside," Justice Lalit replied.In response to the Court's query on whether it was powerless to grant bail on medical grounds, Raju conceded,"It is only as per CrPC. But powers of this Court under Article 141 etc has no limits...there has to be extraordinary medical grounds."However, he added,"There is nothing serious apart from the age. It was only magnanimity of the High Court that he was granted bail.".The Court went on to ask how many people died as a result of Rao's activities. When Raju said there was one casualty, the Court asked,"That is Bhima Koregaon. What about Gadhchhiroli? Andhra belt...is Rao responsible for such deaths?""We are relying on documents," was the ASG's response.Here, Grover intervened, saying,"All these letters in the chargesheet are electronic evidence. They are unable to prove as they don't have Section 65B (of Indian Evidence Act) certificates."He went on to say,"We have international reports saying all these documents are planted. I am a poet in Telugu literature, and all my life I have to be in jail. Is it in their interest that I die in jail like Stan Swamy died? I will be acquitted in all 24 cases. Here you just say UAPA...The sad condition is that UAPA and it's over. Sudha Bharadwaj is on bail too and charges are the same. What will they gain by my death?"Grover added,"I am suffering from umbilical hernia. My children are funding me. But hospitals charge is in lakhs. There is a serious issue of Parkinson's. There is also a possibility of subdural hematoma due to brain clot. Taloja jail means death.".Telugu poet Varavara Rao, who is an accused in the 2018 Bhima Koregaon violence, moved the Supreme Court in June seeking permanent bail on medical grounds.Rao, through Advocate Nupur Kumar had challenged an April 13 judgment of the Bombay High Court which had rejected his plea for bail.The Bombay High Court Bench of SB Shukre and GA Sanap, besides rejecting Rao's plea for bail, had also dismissed his application to stay in Telangana during the duration of trial. The Court had, however, extended by three more months an earlier order granting him temporary bail on medical grounds.The Supreme Court had on July 19 extended the temporary bail granted by the Bombay High Court, while observing,"Considering the nature of controversy of the matter, the matter shall be disposed of in the next occasion. Since we had not issued notice, issue notice returnable on August 10, 2022... Interim protection granted earlier on medical grounds extended till further orders.".In response to Rao's bail plea before the apex court, the National Investigative Agency (NIA) said that Rao should not be granted bail since he "is engaged in continuous unlawful activities against the Government of India."The NIA also referred to a document of the banned organisation CPI(Maoist), found during the probe which was named 'strategy and tactics of Indian revolution'."The central task of CPI(Maoist) was not to wage a conventional war but people's war by mobilizing people on a massive scale both militarily and politically. Document refers to subverting democratic institutions to further their ulterior motive," the counter affidavit reads..Eight accused had been refused bail by the High Court on December 1, 2021, while another co-accused, Sudha Bharadwaj, had been granted bail.