On May 2, 2025, the Bombay High Court directed former Delhi University Professor Hany Babu, an accused in the Bhima-Koregaon Elgar Parishad case, to seek clarification from the Supreme Court regarding the appropriate forum to approach for seeking anticipatory bail. This development occurred during the hearing of Babu’s appeal challenging the denial of bail by the Special NIA Court in February 2022. Notably, Babu had previously withdrawn a similar plea before the Supreme Court on May 3, 2024, citing changed circumstances, including the grant of bail to eight co-accused by the Supreme Court and the High Court.

The Bombay High Court’s direction underscores the importance of determining the correct legal forum for filing bail applications, especially in cases involving the Unlawful Activities (Prevention) Act (UAPA) and the National Investigation Agency (NIA) Act. The outcome of Babu’s approach to the Supreme Court will likely have significant implications for similar cases in the future.

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