Elgaar Parishad case: Accused Jyoti Jagtap moves Bombay HC challenging special court bail rejection order – The Indian Express

A division bench of Justice Ajay S Gadkari and Justice Milind N Jadhav Tuesday posted the plea for a hearing after two weeks.

A special NIA court in February this year had rejected the bail applications of four accused in the Elgaar Parishad case, including Jagtap. Special Judge Dinesh E Kothalikar had rejected the bail pleas of Delhi University associate professor Hany Babu and three members of the cultural group Kabir Kala Manch—Sagar Gorkhe, Ramesh Gaichor, and Jagtap.

The NIA had opposed the bail applications of the Kabir Kala Manch members stating that they were part of the Elgaar Parishad event held in Pune on December 31, 2017. All four were arrested by the National Investigation Agency (NIA) in 2020.

The agency had alleged in the charge sheet that wanted accused Milind Teltumbde had discussed with the three Kabir Kala Manch members about the event. It also claimed Maoist ideology was spread at the event with the help of these three and others.

Babu, the NIA had claimed, was instrumental in arranging meetings and funds in support of G N Saibaba, who is convicted on charges of having Maoist links.

In April this year, Jagtap filed a discharge application along with five other accused before the special court. In her plea before the Bombay High Court, Jagtap challenged the special NIA court order stating that same was unreasonable and sought it to be quashed and set aside and grant her release on bail.

In the plea filed through advocate Kritika Agarwal, Jagtap said she is innocent and has been falsely implicated in the present case since she has nothing to do with any offence. Jagtap said that the special court erred in concluding that a prima facie case existed against the appellant.

“The trial will take a very long time to complete we the case is still at large of framing of charges and a large number of witnesses have to be examined and moreover there is no legally admissible evidence against the appellant,” said her plea, adding she has fully cooperated with the probe and no purpose will be served by keeping her incarcerated.

In its reply, the NIA stated Jagtap was one of the main conspirators and an active member of the banned organisation CPI( Maoist) working in an urban area through the frontal organisation Kabir Kala Manch and she was also in touch with the co-accused. “Act committed by appellant is against the interest of nation which for any reason cannot be overlooked whatsoever,” the NIA said and sought the appeal’s dismissal.

The Bombay High Court will hear the plea after two weeks.