Recently, the Delhi Court, in an interim decision, granted bail to Umar Khalid, an accused in the Delhi riots conspiracy case, for seven days. The relief was provided to enable him to attend his cousin sister's wedding. Notably, the Court underscored that this interim relief does not impact the larger trial proceedings pending against him.
Umar Khalid, a former student leader, was arrested in September 2020 in connection with the alleged conspiracy behind the Delhi riots. The charges against him include criminal conspiracy, rioting, and unlawful assembly, along with offences under the Unlawful Activities (Prevention) Act (UAPA). Khalid has been incarcerated since his arrest, with his regular bail pleas repeatedly denied by various courts. Initially, the trial court denied his bail plea in March 2022. Upon appeal, the Delhi High Court rejected his request in October 2022. Subsequently, Khalid approached the Supreme Court, which sought a response from the Delhi Police in May 2023. However, the matter saw multiple adjournments, and in February 2024, Khalid withdrew his plea citing a change in circumstances. A subsequent bail application before the trial court was rejected in May 2024, leading to the current appeal pending before the High Court.
Khalid's counsel argued for the necessity of interim bail, emphasizing that the request was strictly for attending a family wedding. It was contended that granting interim relief for personal reasons, such as family events, does not prejudice the larger legal proceedings. The counsel for the prosecution opposed the application, asserting that Khalid remains a significant accused in a sensitive case, and granting bail could potentially impact the ongoing investigation and public sentiment.
The Court while granting the interim relief, noted the specific circumstances surrounding the application. Judge Sameer Bajpai observed that granting short-term interim bail for personal reasons is a provision available under the law. Addressing concerns of prejudice, the Court remarked, “This Court is of the view that granting interim bail for seven days for attending a family function does not impede the legal proceedings or the ongoing trial. However, the accused must ensure compliance with all conditions stipulated during the interim bail period”. The Court further emphasized that the decision to grant interim relief is an exercise of discretion, tailored to the specific facts presented, and does not in any way reflect on the merits of the pending case.
The Court granted interim bail to Umar Khalid for a period of seven days, permitting him to attend his cousin sister's wedding. It directed Khalid to adhere to all bail conditions, including a strict timeline for his return to judicial custody. The Court reiterated that this relief is purely interim and does not influence the ongoing legal proceedings or the pending appeal before the High Court.
~Siddharth Raghuvanshi
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