Bombay HC declines bail to activist Sudha Bharadwaj in Elgar case

Mumbai, August 28

The Bombay High Court on Friday refused to grant bail to lawyer and activist Sudha Bharadwaj, an accused within the Elgar Parishad-Koregaon Bhima case being probed by the National Investigation Agency (NIA).

A bench led by Justice RD Dhanuka rejected an enchantment filed by Bharadwaj in June this yr, whereby she had challenged a particular courtroom’s order that denied her bail on well being grounds.

Bharadwaj, 58, had approached the HC looking for bail, saying that she suffered from power circumstances akin to diabetes and hypertension.

She had stated these comorbidities put her at the next danger of contracting coronavirus whereas on the Byculla girls’s jail the place an inmate had examined optimistic for COVID-19 earlier.

The courtroom, nevertheless, famous the submissions made by the NIA and the Maharashtra authorities that the jail authorities have been taking all precautions to forestall the unfold of COVID-19 and that they have been offering crucial medical care to Bharadwaj for her comorbidities.

The NIA counsel, Additional Solicitor General Anil Singh, additionally advised the courtroom that if at any time Bharadwaj’s situation wanted additional therapy or if she was required to be admitted to a hospital, even a non-public one, the state would offer for a similar.

He identified that poet-activist Varavara Rao, a co-accused within the case, had been admitted to the state-run JJ Hospital after which shifted to the personal Nanavati Hospital within the metropolis for therapy of COVID-19 and different illnesses.

“In our view, no case is made out for grant of bail. This appeal is devoid of merits,” the HC stated whereas dismissing Bharadwaj’s plea.

On August 21, pursuant to an HC order, the state authorities had submitted a report stating that Bharadwaj had been examined within the jail by a medical officer and that her well being situation was discovered to be “stable and satisfactory”.

The state report said that Bharadwaj’s very important well being parameters have been secure. It said that she had been affected by gentle melancholy too, and had complained of physique ache.

The state stated that Bharadwaj had been given medicine for dizziness and had been suggested to proceed medicines for her power circumstances.

Bharadwaj’s counsel Ragini Ahuja, nevertheless, identified that the report of August 21 didn’t point out that Bharadwaj suffered from hypertension or from a coronary heart situation.

She identified that earlier report of the state had stated that Bharadwaj suffered from ischemia, a coronary heart situation.

Ahuja claimed the newest medical report, due to this fact, was inconsistent and maybe “bogus”.

The bench, nevertheless, stated the current report most likely solely handled Bharadwaj’s very important parameters vis-a-vis COVID- 19.

It stated: “In our view, there is no substance in the appellant’s submissions on inconsistencies in the medical report.”

Bharadwaj has been lodged within the Byculla girls’s jail right here since September 2018 following her arrest within the case.

The case pertains to the Elgar Parishad conclave held in Pune district on December 31, 2017. It is alleged that speeches made by some activists on the conclave led to violence close to the Koregaon-Bhima battle memorial on outskirts of Pune metropolis the subsequent day. PTI

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