Bhima Koregaon Trial Yet to Start: Bombay HC Grants Bail to Surendra Gadling after 8 Years in Jail
Bar  and  Bench 05 May 2026
The Bombay High Court on Monday granted bail to advocate Surendra Gadling, accused in the Bhima Koregaon violence case of 2018 (Surendra Gadling v. State of Maharashtra & Anr.).
 
A division bench of Justices AS Gadkari and Kamal Khata noted that Gadling has spent over 8 years in custody and the trial in the matter is yet to commence. 
 
Prolonged incarceration as an undertrial prisoner is a ground for relief, the Court said.
 
A detailed order is awaited. 
 
Though Gadling has secured bail in the Bhima Koregaon matter, he will continue to remain in jail since he is also under judicial custody in the 2016 Surajgarh arson case and is yet to secure bail in that matter.
 
Gadling was one of the first to be arrested by the Pune Anti-Terrorism Squad (ATS) in June 2018 in the Bhima Koregaon case. 
 
The first chargesheet was filed in November 2018, followed by a supplementary chargesheet in February 2019 after the ATS was granted an extension of time. The investigation was later transferred to the National Investigation Agency (NIA), with a special NIA court in Mumbai taking over proceedings in 2020.
 
Gadling had earlier sought default bail, which the special court rejected. This was upheld by the Bombay High Court and the Supreme Court. 
 
Of the 16 individuals arrested, several have been granted bail on medical grounds, prolonged incarceration, or parity. Some were released as recently as January 2026. Father Stan Swamy, one of the accused, died in custody during the pendency of proceedings.
 
Courtesy: Bar & Bench
Comments
Meenal Mamdani
2 weeks ago
This is awful that India has such a punitive law that a person is kept in prison while the State takes in own sweet time, deliberately or otherwise, to collect evidence.
This has been shown to happen in Indian courts, over and over again.
This is shameful and needs to be corrected by parliament.
But political parties are mum because each one hopes to use the same strategy to punish those who challenge the party.
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