Tuesday, November, 05,2024

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North East Delhi riots: Delhi HC adjourns hearing on bail pleas of Umar Khalid and others till November 25

New Delhi: Delhi High Court on Monday adjourned the hearing on bail pleas of Umar Khalid, Sharjeel Imam and others till November 25. These bail pleas related to the larger conspiracy of Delhi riots of February 2020.
These pleas were listed before the new division bench of Justices Navin Chawla and Shalinder Kaur.
The court did not assemble and bail pleas adjourned for the next date. The court master gave a date of November 25.
Earlier, these please were being heard by the division bench headed by Justice Suresh Kumar Kait. Now justice Kait has been transferred to the Madhya Pradesh High Court as chief justice.
On August 29, Division bench had listed the matter related to bail pleas of Umar Khalid, Abdul Khalid Saifi, Gulfisha Fatima, Sharjeel Imam, Shadab Ahmed and other accused persons for final hearing October 7.
The High Court on July 24 issued notice to Delhi police Umar Khalid's plea.
Other pleas are pending before the High Court.
Former JNU Student leader and accused in Larger Conspiracy of Delhi riots 2020 Umar Khalid has moved Delhi High Court seeking bail in an UAPA case. He is one of accused in the larger Conspiracy of Delhi riots case 2020.
Umar Khalid is in custody since September 2020. In this investigation is still going on after filing of charge sheet and supplementary charge sheets.
His bail petition was dismissed by the trial court. Now he has moved to the High Court.
On May 28, Delhi's Karkardooma Court had refused to grant a regular bail to Umar Khalid. While rejecting the bail plea, the trial court had referred to the order of the Delhi High Court which said that allegations against the accused prima facie true and he does not deserve bail.
Special judge Sameer Bajpai in his order had said, " Hon'ble High Court analyzed the case against the applicant and finally concluded that allegations against the applicant are prima-facie true and that the embargo created by section
43D(5) of UAPA squarely applies against the applicant and the applicant does
not deserve bail."
"It is clear that the Hon'ble High Court has minutely considered the role of the applicant and declined the relief as desired by him," Special judge observed in the order passed on May 28.
The trial had court also said that the High Court did surface analysis and concluded that a prima facie case is made out against the accused.
"As according to the Vernon's case as relied upon by ld. counsel for the applicant, while considering bail, no 'deep analysis' of the facts of a case can be done and only 'surface analysis' of the probative value of evidence has to be done and as such the Hon'ble High Court has infact did complete surface analysis of probative value of the evidence while considering the prayer of the applicant for grant of bail and after doing so it was concluded that prima-facie case is made out against the applicant," trial court had noted in the order.
The court had said that when the Hon'ble High Court has already dismissed the criminal appeal of the applicant vide order dated 18.10.2022 and thereafter, the applicant approached the Supreme Court and withdrew his petition, the order of this Court as passed on March 24, 2022, has attained finality and now, in no stretch of imagination this court can make analysis of the facts of the case as desired by the applicant and consider the relief as prayed by
him.
The trial court has dismissed his two bail applications. He was arrested in September 2020. Since then he is in custody. He had sought a regular bail under Section 437 of Code of Criminal Procedure, 1973 read.with Section 43D (5) of the Unlawful Activities Prevention Act, 1967 for grant of regular bail.

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