[Bhima Koregaon] Mumbai Court rejects regular bail plea of Gautam Navlakha [READ ORDER]

A Mumbai Court today rejected the regular bail application filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case..Navlakha, who is human rights activist and former secretary of People's Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.He was later moved to Taloja Central Prison in Maharashtra in April 2020 after a Supreme Court order.Navlakha moved the application in the month of April seeking bail under Section 439 of the Code of Criminal Procedure. The National Investigation Agency (NIA) vehemently opposed the application on the grounds that the charges against Navlakha were serious.Special NIA judge began hearing the application in the month of July and August this year He reserved the plea for orders in August. Today, the judge rejected the bail application. "Perusal of chargesheet, there is ample material against the applicant. Primafacie the applicant seems to be connected with the alleged offence. The offence is very serious in nature. ...In view of seriousness of offence and prima facie material against him, he is not entitled for the grant of bail," the judge reasoned..Advocate Hashwardhan Akolkar appearing for Navlakha submitted that the applicant was falsely implicated in the crime. Further submissions were: Not the case of the prosecution that applicant was present at the spot of incident on the day of incidentNothing on record to connect the applicant with larger conspiracyProvision of UAPA not applicableNo material in the chargesheet to show applicant has in any matter intended or supported any act which disrupts the sovereignty or territorial integrity of IndiaApplicant is old-aged and in prison for over a year..Special counsel for NIA Prakash Shetty contended that the applicant was a member of CPI (Maoist) and was in possession of incriminating documents related to the organisation. He further alleged:Active involvement in activities of Co-ordination of Democratic Rights Organisation (CDRO) and used to receive group emails. Active involvement in fixing appointments and meetings between active urban cadres and underground leaders of CPI (Maoist) under the garb of fact-finding missionDelivered speeches on Kashmir separatist movement and Maoist movement..Meanwhile Navlakha's appeal challenging the an April 26 judgment of the Bombay High Court dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead is pending before the Supreme Court.Justice S Ravindra Bhat of the Supreme Court had last month recused from hearing the plea and the matter is likely to be heard by a bench headed by Justice KM Joseph.[Read order]