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Bombay HC Relaxes Bail Conditions for Poet-Activist Varavara Rao

The HC gave him time till 5 April to submit the two solvent sureties of Rs 50,000

Updated
Law
3 min read
A division bench of Justices S S Shinde and Manish Pitale on Monday relaxed Telugu poet and activist Varavara Rao’s bail conditions
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The Bombay High Court on Monday, 1 March permitted octogenarian Telugu poet-activist Varavara Rao, an under trial prisoner in the Elgar Parishad-Maoist links case, to furnish a temporary cash surety of Rs 50,000, until the due process of submitting solvent sureties for release on bail is completed.

A division bench of Justices S S Shinde and Manish Pitale on Monday relaxed Rao’s bail conditions, based on a petition filed by Rao’s lawyer, Anand Grover, submitting that the process was time consuming.

The HC gave him time till 5 April in view of the COVID-19 pandemic to submit the two solvent sureties of Rs 50,000, and ordered Rao to furnish a personal bond for the same amount.

Once the bail is processed, Rao will be released from Nanavati Hospital in Bombay, where he has been undergoing treatment since November last year.

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Background

Earlier, on 22 February, the Bombay High Court granted bail to 81-year-old Varavara Rao, one of the accused in the Bhima Koregaon case, on medical grounds.

The octogenarian poet and ideologue has been granted bail for six months on medical grounds “in view of advanced age and inadequate facilities at Taloja Jail”.

He has been incarcerated for over two years since his arrest, apart from stints at the JJ Hospital and Nanavati Hospital because of various health problems, including dementia and COVID-19.

The order stipulates several conditions for Rao’s bail, including:

  • He has to remain in Mumbai and not leave the jurisdiction of the special NIA court;
  • He will make himself available to the NIA court whenever summoned;
  • He will not tamper with any evidence or attempt to influence any witnesses.
  • He will deposit his passport with the court;
  • He will not speak to the media about his case.
At the end of the six-month period, Rao can either surrender or request an extension of the medical bail. The court declined his request to be allowed to travel to his home in Hyderabad, calling this a risk.

Rao was represented by senior advocates, Indira Jaising and Anand Grover. They had argued that he should be released on bail on medical grounds given his neurological condition and health problems, for which there were inadequate facilities in the Taloja Jail hospital. They also contended that he had suffered ‘cruel and inhuman treatment’ over the last year because of the lack of facilities.

The NIA opposed Rao’s release despite his age, arguing that the case against him was serious and under the UAPA, which he and the other Bhima Koregaon accused have been charged with, bail is not to be granted. They had said that the facilities at the government-run JJ Hospital were sufficient for his treatment, if it got any worse.

More Details

On 18 November 2020, the Bombay High Court had ordered Rao’s transfer to Nanavati Hospital for specialist treatment and an assessment of his health condition. The court then heard detailed arguments on grant of bail to Rao on medical grounds, and reserved its order on 2 February.

Rao was first arrested in the Bhima Koregaon case on 28 August 2018. The Pune Police, which was investigating the case before its abrupt transfer to the NIA over a year ago, had filed a supplementary charge sheet against Rao and some of the other accused on 21 February 2019.

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