Bhima Koregaon Accused Surendra Gadling Gets Bail in 2016 Case

The HC has also granted Gadling temporary bail in the Bhima Koregaon case to perform his mother's funeral rites.

Advocate Surendra Gadling, one of the undertrials in the Bhima Koregaon case, was on Thursday, 12 August, granted temporary bail by a sessions court in a different 2016 UAPA case.

Gadling is slated to be released from Mumbai’s Taloja jail on Friday, 13 August, so he can go and participate in his mother’s funeral rites.

Gadling’s counsel had approached the Gadchiroli Session Court for temporary bail after the Nagpur Bench of the Bombay High Court refused him regular bail in the case. The HC’s rejection had come on the grounds that his plea for regular bail was not maintainable.

This case from 2016 pertains to the burning of around 80 vehicles at the Surjagrah mining site in Gadchiroli.

BAIL IN THE BHIMA KOREGAON CASE

Previously, on 30 July, the Bombay High Court had granted Gadling temporary bail in the Bhima Koregaon case for nine days. This, the Court is reported to have said, was “purely on humanitarian grounds”, from 13 to 21 August.

The court, as per LiveLaw, had observed that the rigours of regular bail under the UAPA would not apply for temporary bail on humanitarian grounds, and had said:

“In the prevailing social construct, the first death anniversary of an immediate family member has an element of religious, personal and emotional significance.”

The court also pointed out that as Gadling had not been able to participate in any of the rites/rituals in connection with his mother’s demise, “we do not find the prayer of the appellant unjustifiable”.

An NIA court had denied bail to Gadling after his mother’s demise in 2020.

But in order to be released, bail in the Bhima Koregaon case was not enough. Gadling also needed temporary or regular bail in the 2016 case. Thus, the latest decision by the Sessions Court was pertinent to secure Gadling’s release.

'PLANTED' EVIDENCE REPORT

Previously, in July, an American forensic agency released a report claiming that incriminating evidence had been planted in Surendra Gadling's computer using a malware. The malware that targeted Gadling's computer via emails allegedly copied several other Bhima Koregaon accused, including Stan Swamy and Sudha Bharadwaj, on the emails.

Meanwhile, the Pegasus spyware reports have revealed that the names of victims of surveillance included Bhima Koregaon accused and their friends and family.

Father Stan Swamy, a Jesuit priest and another accused in the case, died awaiting bail in July.

(With inputs from LiveLaw.)