Former JNU student leader and NE Delhi violence accused Umar Khalid has been granted bail by additional sessions judge Vinod Yadav in a court in Delhi.
The bail was given under FIR 101 that was registered on 25 February 2020. The court noted that Khalid cannot be made incarcerate in jail for infinity merely on account of the fact that other persons who were part of the riotous mob have to be identified and arrested in the matter, reported Live Law, citing the court’s observation.
However, Khalid remains incarcerated as he is yet to be granted bail in the UAPA case related to the Delhi riots.
Appearing for Khalid, senior advocate Trideep Pais argued in the court that he has been falsely implicated in the matter by the investigating agency on account of “political vendetta to muzzle the dissent”.
The court in its order said, “Be that as it may, it is relevant to note here that said Prosecution witness is also a witness in case FIR No.59/2020 (main UAPA case) in which case also the “criminal conspiracy” angle is being investigated by Special Cell of Delhi Police. In the said case the statement under Section 161 CrPC of PW was recorded on 21.05.2020, on which date he did not utter a single word against the applicant qua “criminal conspiracy” and now all of a sudden, he vide his statement recorded under Section 161 CrPC in the matter on 27.09.2020 blew the trumpet of “criminal conspiracy” against the applicant. This prima facie does not appeal to the senses.”
Umar Khalid not visible in any CCTV footage/viral videos
The court noted that Khalid “has merely been roped in the matter on basis of his own disclosure statement, fourth disclosure statement of co-accused Tahir Hussain and disclosure statement of co-accused Khalid Saifi.”
The court said that Khalid “is not visible in any CCTV footage/viral video(s) pertaining to the scene of crime on the date of incident. There is no identification of the applicant either through independent public witness or any police witness of he being present at the scene of crime on the date of incident. Even the CDR location of the mobile phone of applicant has not been found at the scene of crime on the date of incident.”
Communal violence had broken out in northeast Delhi on February 24 last year leaving at least 53 people dead and around 200 injured. More than 750 cases were registered in the northeast Delhi violence, in which at least 53 people were killed and several others injured.