Observing that the right to bail is part of fundamental rights, the Supreme Court granted bail to Nagpur University ex-professor Shoma Sen in the Elgar Parishad case, almost six years after her arrest. The court found no evidence of UAPA offenses against her and considered factors such as the delay in framing charges, period of detention, age, and medical state. The Supreme Court emphasized that the deprivation of liberty can only be permitted on reasonable grounds. The court also stated that any form of deprivation of liberty resulting in a breach of Article 21 of the Constitution must be justified as reasonable. The court rejected the National Investigation Agency’s plea that an accused cannot claim bail as a matter of fundamental right, stating that the right to bail has already been recognized as part of Article 21. The Supreme Court directed Shoma Sen to be stationed in Maharashtra and not leave the state without the court’s permission. She was also directed to deposit her passport in court, keep GPS tracking active on her mobile 24×7, and pair her phone with that of the investigating officer of the NIA to enable him to identify her location.
SC gives Shoma Sen bail in Elgar case after 6 years
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