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Northeast Delhi riots: Court grants bail to former JNU student Umar Khalid

However, Khalid would remain incarcerated as he is yet to be granted bail in the UAPA case related to the Delhi riots.

Written by Anand Mohan J | New Delhi |
Updated: April 15, 2021 7:07:42 pm
Former JNU student Umar Khalid. (File Photo)

A sessions court in Delhi Thursday granted bail to former JNU student Umar Khalid in last year’s northeast Delhi riots case.

Additional Sessions Judge Vinod Yadav granted bail to Khalid, who was arrested in a case related to the riots that took place in Khajuri Khas in February 2020. The court observed that a witness blew the trumpet of criminal conspiracy against Khalid “did not appeal to the senses”.

However, Khalid would remain 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.”

The court also stated that this witness statement “merely talks of some meeting between the applicant, co-accused Tahir Hussain and Khalid Saifi on 08.01.2020, however, the same does not disclose about the subject matter of such meeting.”

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.”

“Even no recovery of any sort has been effected from the applicant (Khalid) pursuant to his disclosure statement. The argument of learned Special PP that applicant had been in regular contact/touch with co-accused Tahir Hussain and Khalid Saifi over mobile phone and the same is evident from the fact their CDR location on 08.01.2020 has been found to be at Shaheen Bagh is hardly of any consequences, as prima facie that does not in any way go on to establish the criminal conspiracy alleged against the applicant in the matter,” the court said.

The court said that it is “a matter of record that it has nowhere been the case of prosecution that the applicant was physically present at the scene of crime (SOC) on the date of incident.”

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.”

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