Supreme Court Grants Bail to Shoma Sen in Bhima Koregaon Case

In a landmark decision, the Supreme Court has granted bail to Shoma Sen, a well-known Dalit and women's rights activist, in relation to her involvement in the Bhima Koregaon violence case. The bench, led by Justices Aniruddha Bose and Augustine George Masih, passed the order, highlighting that the National Investigation Agency (NIA) did not contest her bail plea. This notable absence of opposition means that the stringent bail conditions typically enforced under the Unlawful Activities Prevention Act (UAPA) will not apply in Sen's case.

The justices based their decision on multiple grounds, including Sen's elderly age, her health concerns, and the NIA's stance on her custody. It was observed that continuing to detain Sen could potentially delay the trial's progress. Therefore, the court opined that she should be granted the opportunity for release on bail.

The court's provisional stance will be revisited as the trial progresses. Sen is set to participate in the trial with specific bail conditions outlined by the Court to ensure she complies with legal requirements and mitigate any non-compliance risk. These conditions include a prohibition on leaving Maharashtra, the surrender of her passport, mandatory notification to the NIA about her residence, and the requirement to keep a mobile phone with GPS tracking active and charged at all times.

Background of the Bhima Koregaon Case

Sen's legal battle began with her arrest on June 6, 2018, under the UAPA. In November 2019, the Pune Sessions Court denied her initial bail applications. Following the transfer of the investigation to the NIA and the trial to a special NIA court, Sen sought bail from the Bombay High Court, which directed her to approach the special NIA court first. This led to her eventual appeal to the Supreme Court.

Throughout the proceedings, Sen has asserted her innocence. Her defence, led by Senior Advocate Anand Grover, argued effectively for her release, while the NIA, represented by Additional Solicitor General KM Nataraj, acknowledged that further custody was unnecessary. This development has been warmly received by Sen's supporters and marks a critical moment in her case, which has attracted widespread attention due to her advocacy work.

The granting of bail to Shoma Sen by the Supreme Court is a pivotal moment in the ongoing legal saga surrounding the Bhima Koregaon violence, setting a significant precedent for how similar cases might be approached in the future.