The Bombay High Court granted bail on Tuesday to advocate Surendra Gadling, who has been in custody since his arrest on 6 June 2018 — over 7 years — in the Elgar Parishad case probed by the National Investigation Agency (NIA).
ℹ️ Who is Surendra Gadling?
- Nagpur-based criminal lawyer and human rights advocate
- Arrested by Pune Police on 6 June 2018 as part of the first wave of Elgar Parishad arrests
- Case later transferred to the National Investigation Agency (NIA) in January 2020
- Accused of alleged Maoist links and conspiracy related to the Bhima Koregaon violence of 1 January 2018
The Court’s Order
A Bombay High Court bench granted Gadling bail after finding he had spent more than 7 years in custody as an undertrial. Gadling is among 16 accused in the Elgar Parishad case, which the NIA took over from Pune Police in January 2020. The case alleges that speeches at the Elgar Parishad conclave held in Pune on 31 December 2017 incited violence at Bhima Koregaon in Pune district, Maharashtra, the following day, leaving 1 person dead and dozens injured.
Elgar Parishad Case: The Broader Picture
The case has drawn national attention since Pune Police began arrests in June 2018, targeting activists, lawyers, and academics. Of the 16 accused, at least 4 — including activist Stan Swamy — have died during the course of the trial, with Swamy passing away in judicial custody in July 2021. The remaining accused have faced prolonged incarceration, with bail applications largely rejected by trial courts under the stringent Unlawful Activities (Prevention) Act (UAPA), 1967.
Gadling’s bail marks one of the first successful bail orders from the Bombay High Court in this case. Courts have repeatedly cited UAPA’s Section 43D(5), which bars bail if the court finds a prima facie case exists against the accused, as the primary reason to deny relief to co-accused in earlier hearings.
What the NIA Says
The NIA has maintained that Gadling was a key conspirator who allegedly maintained links with banned CPI (Maoist) cadres and coordinated activities aimed at destabilising the state. The agency has consistently opposed bail for all accused in the case at every stage of proceedings.
What Happens Next
Gadling’s release is subject to bail conditions yet to be formally communicated in the public domain. The trial before the NIA Special Court in Mumbai continues for all 16 accused. The next hearing date in the main trial is expected to be set within the coming weeks. Co-accused including Shoma Sen, Arun Ferreira, and Vernon Gonsalves — who secured bail from the Supreme Court in September 2023 — remain out on bail, while others such as Hany Babu continue to pursue relief before higher courts.
FAQ
What is the Elgar Parishad case?
Why was bail so difficult in this case?
How many Elgar Parishad accused have been granted bail so far?
