The Supreme Court on Monday granted interim
bail to Kailash Ramchandani, an alleged Naxal sympathiser accused in the
high-profile 2019 IED blast case in Gadchiroli, Maharashtra, which resulted in
the killing of 15 police personnel. The interim relief was granted by a Bench
comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, notwithstanding
strong opposition from the National Investigation Agency (NIA), which has
alleged that Ramchandani played a direct and active role in the attack.
While allowing the interim bail, the Court
took into consideration the fact that Ramchandani has remained in custody since
his arrest on June 29, 2019. The Bench noted that despite the passage of nearly
six years, the trial has not progressed substantially, with charges yet to be
framed in the case. The Court also considered the argument that similarly
placed co-accused had already been granted bail, thereby raising concerns of
parity and prolonged incarceration without conclusion of trial.
The interim bail has been made subject to
stringent conditions aimed at preventing any misuse of liberty. The Court
directed that Ramchandani must remain at his native place in Gadchiroli and
shall not leave the district without prior permission from the special NIA
court. He has been permitted to travel outside Gadchiroli only for the limited
purpose of attending trial proceedings before the special NIA court in Mumbai.
In addition, he is required to report to the local police station once every
week, furnish his mobile phone number to the authorities, and cooperate fully
with the trial by not seeking unnecessary adjournments. The Bench further
clarified that any attempt by the accused to establish contact with Naxal
elements or violation of the bail conditions would entitle the NIA to seek
cancellation of the interim bail.
Ramchandani had approached the Supreme
Court challenging a Bombay High Court order dated March 5, 2024, which had
rejected his bail application. Before the apex court, he argued that his
continued detention since 2019 amounted to unjustified deprivation of liberty,
particularly in light of the fact that the trial had not meaningfully commenced
and several co-accused had been enlarged on bail.
The NIA, represented by Additional
Solicitor General Aishwarya Bhati, strongly opposed the grant of bail,
contending that Ramchandani had a pivotal role in the conspiracy. According to
the prosecution, the IED blast was executed based on intelligence inputs
allegedly provided by the accused regarding the movement of police personnel.
The NIA further submitted that the case was being heard by a special court and
that several crucial witnesses were yet to be examined, making the grant of
bail premature and potentially detrimental to the prosecution.
However, the Supreme Court underscored the
broader systemic issue of delays in trials under special statutes. The Bench
recalled its earlier observations criticising both the Union government and the
Maharashtra government for failing to establish adequate special courts with
the necessary infrastructure to ensure expeditious trials under the NIA Act and
other special laws. The Court had previously warned that persistent delays
would leave the judiciary with no option but to grant bail, as prolonged incarceration
without timely trial offends constitutional guarantees of personal liberty.
The Bench also referred to its earlier
order dated March 17, 2025, wherein Ramchandani’s bail plea on the ground of
delay had been rejected, while simultaneously granting the Centre and the State
a final opportunity to set up functional special courts. In the absence of
effective steps by the authorities, the Court had indicated that the accused’s
plea for relief would merit reconsideration, a position that ultimately weighed
in favour of granting interim bail in the present proceedings.