BREAKING: [Delhi Riots 2020] Delhi Court grants 7 days' interim bail to Umar Khalid for sister’s wedding

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Synopsis

The Court was hearing an interim bail plea filed by Umar Khalid for two weeks to attend his sister's wedding. Khalid was arrested in September 2020, in connection with communal clashes that broke out in northeast Delhi in February 2020.

Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court, Delhi on Monday granted 7-days interim bail to Umar Khalid, to attend his sister's wedding. Khalid had sought two-weeks bail in a case registered under the provisions of the Unlawful Activities (Prevention) Act. 

On December 7, the court had reserved orders in the interim bail plea of Khalid.

During the course of hearing, Senior Advocate Trideep Pias for Khalid asked the court to impose conditions similar to Siddique Kappan's case in Supreme Court. He also stated that Khalid won't interact with the media or any public persons. 

He informed the court that the prosecution has conducted the verification/investigation. He also informed the court that interim bail is sought for Khalid's sister's marriage which is scheduled in December.

On November 18, ASJ Amitabh Rawat directed the prosecution to file a reply to the plea after verifying the contents mentioned in the application. The court noted, “This is a fresh application u/s. 439 Cr. P.C. moved on behalf of the applicant/accused Umar Khalid seeking interim bail for a period of two weeks.”

“Put up for filing of reply and arguments on the interim bail application of applicant/accused Umar Khalid on 25.11.2022,” the court ordered.

Khalid on November 18, moved an application through Senior Advocate Trideep Pais for interim bail before a Delhi Court. Khalid sought interim bail for two weeks in the UAPA case against him.

The Delhi High Court in October this year, denied bail to Khalid who had challenged the lower court's order denying bail, finding Khalid's role in the Delhi Riots conspiracy.

A division bench of Justice Siddhartha Mridul and Justice Rajnish Bhatnagar had said, "We don't find any fair merit in the appeal".

Umar Khalid had challenged the lower court's order rejecting his bail application on the grounds that there is no evidence linking him to the violence that erupted in Delhi during the riots.

Background:

On September 13, 2020, Umar Khalid was arrested in connection with communal clashes that broke out in northeast Delhi in February 2020, after violence between Citizenship (Amendment) Act, 2019 supporters, and its protesters became out of control, leaving many people dead and several injured.

While denying Khalid bail, ASJ Amitabh Rawat of Karkardooma Court found that Khalid's name was a "recurring mention" from the beginning of the conspiracy till the riots & that there were numerous statements of witnesses (recorded before the magistrate and before the police) highlighting "incriminating material" against Khalid.

Khalid challenged the said order before the Delhi High Court on the ground that there was no evidence linking him to the violence that erupted in Delhi during the riots. The high court, however, also denied bail to Khalid.

Case Title: State v. Tahir Hussain & Ors.