81-year-old poet-activist Varavara Rao granted bail by Bombay High Court in Bhima Koregaon case

Varavara Rao. File pic

The Bombay High Court on Monday granted bail to 81-year-old poet-activist Varavara Rao on medical grounds for six months. The bail order was passed by a division bench comprising Justice S. S. Shinde and Justice Manish Pitale in two separate matters. He has been granted bail on the condition that he has to remain in Mumbai and should be available for investigation.

Imposing conditions, the court directed that Rao must remain within the jurisdiction of the Special NIA Court, appear before the court whenever required though he could apply to seek exemption from physical appearance and advised him not to indulge in any kind of activities of which he was earlier accused in the police case.

When the Additional Solicitor-General Anil Singh sought a three-weeks stay on the order, the court rejected the plea given Rao's advanced age and his medical conditions.

The orders came on Rao's plea seeking bail and an application by his wife P. Hemlatha demanding the high court's intervention alleging violation of his fundamental right to health.

Observing that it is a "genuine and fit case to grant relief", the judges said given the health condition of the under-trial, "it would be inappropriate" to send him back to jail.

Presently, Rao is undergoing treatment at the Nanavati Hospital, Vile Parle (Mumbai) after the state government informed the court that it was ready to shift him to a private hospital as a special case.

The court also urged the lawyers to adopt a humanitarian approach while making their submissions in the case, given Rao's deteriorating health and advanced age.

Of the 365 days since last February, Varavara Rao spent 149 days in the hospital, his counsel Indira Jaising had told the Bombay HC recently to highlight his poor health condition and push for interim bail in the Elgar-Parishad-Maoist links case.

The fact that Rao spent almost half the time in several hospitals made clear his poor health condition, Jaising had said while arguing that Varavara Rao's continued incarceration was a breach of his fundamental right to life and health.

After arrest, Rao has been in police and then in judicial custody since August 28, 2018, awaiting trial.

The case related to alleged inflammatory speeches made at the ''Elgar Parishad'' conclave held in Pune on December 31, 2017, which, the police claimed, triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city.

The police have claimed the conclave was organised by people with alleged Maoist links. Several activists and academicians have been named as accused in the case.

The case was initially probed by the Pune police and later it was handed over to the NIA.

(With inputs from agency)