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Bhima Koregaon case: SC grants bail to Prof Shoma Sen

Setting aside the Bombay High Court order rejecting her bail plea, a bench of Justices Aniruddha Bose and Augustine George Masih noted that the National Investigation Agency (NIA) has not opposed release of Professor Sen on bail.

Bhima Koregaon case: SC grants bail to Prof Shoma Sen

[Photo : iStock]

The Supreme Court on Friday granted bail to Bhima Koregaon case accused Professor and women’s rights activist Shoma Sen in view of her advanced age and medical condition.

Prof Sen, a former head of the department at the Nagpur University was charged under the Unlawful Activities (Prevention) Act 1967 among other offences.

Setting aside the Bombay High Court order rejecting her bail plea, a bench of Justices Aniruddha Bose and Augustine George Masih noted that the National Investigation Agency (NIA) has not opposed release of Professor Sen on bail.

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“We have seen she is of advanced age and the effect of delaying trial at this stage… in addition to her medical conditions. She should not be denied the privilege of being released on bail,” the bench said in its order.

While granting bail to Sen, the top court imposed certain conditions including that she will not leave Maharashtra and surrender the passport and inform the investigating agency about her residence.

The top court said that Professor Sen shall use only one mobile number and inform the NIA officer about her mobile number and ensure that number remains active and charged. Besides sharing her mobile number with the NIA, the court said the GPS of her mobile should be active and her phone should be paired with the phone of the NIA officer so that her location can be ascertained.

Cautioning Prof Sen, the bench said that if the conditions imposed by the top court are breached, it would be open to prosecution to seek cancellation of bail.

Earlier, the NIA had informed the top court that it does not need the custody of Prof Sen any longer as the probe is completed and a charge sheet has been filed.

Sen had sought interim bail on the grounds of deteriorating health condition and challenged the Bombay High Court order declining her bail.

In January 2023, the Bombay High Court had directed Prof Sen to approach the special NIA court for bail before approaching it.

Prof Sen – an English literature professor – has been behind bars since June 6, 2018 for offences under the provisions of UAPA.

She had applied for bail before the Pune Sessions Court in December 2018 prior to the filing of the charge sheet and another application after the charge sheet, however, in both the instances applications for bail were rejected by the Sessions Court in November 2019.

Later, Prof Sen approached the Bombay High Court seeking bail. However, the High Court too declined to grant her bail. Thereafter, she approached the Supreme Court.

Sen along with her other associates were booked under the Unlawful Activities (Prevention) Act, 1967 in connection with 2018 caste-based violence that broke out at Bhima Koregaon in Pune, and for having alleged links with the banned outfit, Communist Party of India (Maoists).

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