Dave: [reads the allahabad HC's bail order] Having... ... Umar Khalid, Sharjeel, Gulfisha Fatima Bail : Live Updates From Supreme Court Hearing | Delhi Riots UAPA Case
Dave: [reads the allahabad HC's bail order] Having heard learned counsel for the parties and having perused the record, without referring to the exact allegation made against the applicant, it may be noted that on an undisputed basis neither the applicant called any one to bear arms nor any violence was incited as a result of the speech delivered by the applicant. The exact imputations made and the effect prompted by the applicant by words uttered or gestures made etc. may remain to be examined at the trial which is yet to commence . Inasmuch as the applicant has remained confined for more than one year and two months against a maximum punishment that he may suffer on conviction being three years, for that reason alone the applicant has become entitled to bail, at this stage, in the undisputed facts of this case.
Where I gave the speech, i am enlarged in bail. Please also consider that the bail which dismissed by bail by the trial court in FIR 22/2020, there are some observations- "although the application did not ask anyone to bear weapons, the speech incited people..."- this was the ground on which was denied after holding that there was no call to take weapons or kill anyone- i am being prosecuted not once, thrice but hexa and on speeches, I am on bail.
Refers to the order where bail is granted- High Court notes that the trial court got persuaded by the enormity of the allegations and proceeded to grant bail. It notes that nothing will restrict him to take relief under 436A CrPC.
There is something I have to show since much has been said about inciting violence. Sharjeel Imam under the tutelage of top conspirators Umar Khalid conspired to escalate the scale of riots. The conspiracy physically manifested itself in the second phase of Delhi riots, this would be established on the following Facebook post- refers to the post.