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Bhima Koregaon: Bombay High Court directs accused Shoma Sen to first move special NIA court for bail

Sen contended that she was falsely arrested because she had exposed illegal arrests and tortures.

She contended that there was deliberate and conscious omission on the part of the investigating agency to maintain the integrity of the electronic evidence allegedly seized from Sen.

Sen also claimed that the letters and communications allegedly containing incriminating material against the accused in the case were neither in her possession, nor addressed to her, or by her.

“That merely because the name ‘Shoma Sen’ is mentioned in any of these so called electronic letters cannot be a reasonable ground to deny Bail to the Applicant,” the plea stated.

She added that the contents of the letters and communications allegedly found from hard disks of the co-accused and the mere mention of the name of a lawful and registered organization such as ‘Anuradha Gandhy Memorial Committee’ cannot be sufficient ground to brand such an organization as a front organization of the proscribed CPI (Maoist).

“That such branding of a lawful and legal organization / Society in such an arbitrary manner amounts to unreasonable, unfair and unjust acts of the investigating agency,” the plea stated.

The High Court, however, directed Sen to first approach the lower court and disposed of the plea.

Source: Barandbench

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