Sudha Bharadwaj: NIA court sets bail conditions for release; bail bond of ₹50,000, no statements to media

The special court under National Investigation Agency (NIA) Act on Wednesday framed the bail conditions to be followed by Bhima Koregaon case accused Sudha Bharadwaj for her release on default bail..The conditions imposed include bail bond of ₹50,000 and one or more sureties of the same amount.Pertinently, the Court also ordered that Bharadwaj should not make any statements to any media, including print, electronic or social, regarding the criminal proceedings against her. She should also not make any contact with any co-accused or any other persons involved in similar activities, or make any international phone calls, the Court ordered.Bharadwaj was also directed to stay within the jurisdiction of the special NIA court, Mumbai and not leave the jurisdiction without the permission of the Court. She was also ordered to inform the NIA officers before leaving the premises and also keep the officers in loop about her schedule. The Court also said that she has to inform the NIA about her new place of residence, contact details, details of the persons who will be staying with her, along with the details of the sureties..Once Bharadwaj submits two documents proving her identification, the NIA has confirm the addresses through physical or virtual examination, the Court said.Bharadwaj should also attend the court proceedings on every date and report to the local police station fortnightly through Whatsapp video call. .The order was passed special judge DE Kothalikar pursuant to the Bombay High Court's December 1 decision granting default bail to Bharadwaj. The High Court while granting bail had asked the special court to prescribe the bail conditions. .The High Court had granted bail to Bharadwaj on the ground that the extension of time for investigation and detention under provisions of Section 43D(2) of the Unlawful Activities Prevention Act (UAPA) and Section 167(2) of the Code of Criminal Procedure had not been done by a court of competent jurisdiction.The High Court had held that given the existence of a special court at Pune, the chargesheet should have been lodged at Pune.It had relied on several decisions to hold that the right of an accused to be released on default bail is indefeasible, and associated with the fundamental right flowing from ‘the procedure established by law’ under Article 21 of the Constitution of India.The Supreme Court had on Tuesday, rejected NIA's appeal against the Bombay High Court verdict. The Bhima Koregaon case stems from an event known as Elgar Parishad event organised on December 31, 2017, by a group of persons including activists and retired Supreme Court judge Justice PB Sawant and retired Bombay High Court judge Justice BG Kolse-Patil.The event marked the 200th anniversary of the victory of Dalit soldiers in a battle against a local Brahmin Peshwa ruler.The 2017 event was marred by violent clashes between Dalit and Maratha groups which led to at least one death and injuries to several others. Consequently, three First Information Reports (FIRs) were filed in the case.The FIR of January 8, 2018 registered against Leftist groups with Maoist links was the one vigorously pursued by the authorities. It forms the basis of the entire Bhima Koregaon case which led to arrest of 16 accused and 3 chargesheets.The trial in the case is yet to begin.Eight other accused had also applied for bail along with Bharadwaj but their pleas were rejected..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.