BREAKING Delhi High Court Grants 3 Days Interim Bail To Umar Khalid Ahead Of Mother's Surgery

A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain ordered that he be released between June 01 till June 03, on strict conditions.

Khalid had sought interim bail for 15 days for attending the Chehlum ritual after death of his late uncle and to attend to his mother's pre and post medical surgery which is scheduled on June 02.

He challenged the trial court order of May 19 denying him any relief.

Senior Adocate Trideep Pais appearing for Khalid submitted that even in the past, Khalid was granted interim bail for his sister's wedding. He was also against granted similar relief twice thereafter.

Additional Solicitor General SV Raju appearing for the Delhi Police on the other hand submitted that Khalid's mother has to undergo only a minor surgery and that his sisters can take care of her. Even otherwise, he added that Khalid can visit her and come back in a day, with police escort.

After hearing both the sides, the Court, taking an "empathetic view" of the matter, ordered, "interim bail is granted for 3 days from 1-3 June, in order to enable the appellant to spend time with his mother."

Khalid will have only one mobile and will remain in continued touch with the Investigating Officer, Court said.

Detailed conditions to be mentioned in final order.

The trial court had said that just because Umar Khalid and other accused have been granted interim bail earlier and have never flouted conditions, it doesn't mean that on every occasion whenever, accused seeks bail, the same should be granted.

It had observed that attending the Chehlum ceremony of his uncle is not that necessary and that if the relation was so immediate and thick, he would have asked the release at the time of death and not after such a long time.

On mother's surgery, the Trial Court had said that Khalid has other sisters who can attend to the mother and that the father can also take care of her.

FIR 59/2020 registered against Khalid contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

Others who were charge-sheeted in FIR 59/2020 include Former AAP Councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan.

A supplementary charge-sheet was thereafter filed in the case against Umar Khalid and Sharjeel Imam.

Title: Umar Khalid v. State