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Bhima Koregaon Case: Bombay HC Grants Bail To Surendra Gadling After Eight Years

Despite the bail order, he remains in jail due to a pending case related to the 2016 Surajgarh arson incident.

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On 4 May 2026, the Bombay High Court granted bail to Surendra Gadling, a lawyer and activist, in the Bhima Koregaon–Elgar Parishad case after he spent over eight years in pre-trial detention. Gadling, arrested in June 2018, was the last remaining accused in custody among the original 16 charged under the Unlawful Activities (Prevention) Act and Indian Penal Code. Despite the bail order, he remains in jail due to a pending case related to the 2016 Surajgarh arson incident.

According to Hindustan Times, the division bench of Justices Ajay Gadkari and Kamal Khata cited Gadling’s prolonged incarceration and the principle of parity with co-accused as grounds for granting bail. The court noted that the trial had not commenced, with discharge applications still pending and charges yet to be framed.

As reported by Live Law, the bail was granted on conditions similar to those imposed on other accused in the case. The National Investigation Agency (NIA) opposed the plea, highlighting Gadling’s alleged involvement in the Surajgarh arson case, where he is accused of conspiracy and destruction of vehicles transporting iron ore.

As highlighted by Scroll, Gadling’s arrest followed the 2018 violence at Bhima Koregaon, which investigators allege was incited by speeches at the Elgar Parishad event. The NIA claims the event was part of a Maoist conspiracy, but the trial has not begun, and several accused have already secured bail on various grounds.

Coverage revealed that Gadling’s continued detention is due to his judicial custody in the Surajgarh arson case. While 15 of the 16 accused in the Elgar Parishad case have been granted bail, Father Stan Swamy died in custody in 2021 before trial.

“Prolonged incarceration as an undertrial prisoner is a ground for relief,” the Bombay High Court observed while granting bail to Surendra Gadling.

As noted in an article by The Indian Express, Gadling’s bail plea in the Surajgarh case is pending before the Supreme Court. Authorities allege he conspired to torch 76 vehicles at the Surjagarh mine in Gadchiroli, Maharashtra. His co-accused in that case have already secured bail, but Gadling remains in custody until the Supreme Court decides his application.

Analysis showed that Gadling was among the first arrested in the Bhima Koregaon case by the Pune Anti-Terrorism Squad. The investigation was later transferred to the NIA, and the special NIA court in Mumbai took over proceedings in 2020. Gadling’s earlier requests for default bail were rejected by both the special court and higher courts.

The bail order for Gadling follows a series of similar decisions for other accused, many of whom were released on medical grounds, prolonged incarceration, or parity. Several were granted bail as recently as January 2026 as details emerged.

“With this order, all 15 surviving accused in the case have now secured bail on various grounds, including medical conditions, prolonged incarceration and parity,” the bench noted.
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Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.

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