New Delhi [India] August 29 (ANI): Delhi High Court on Thursday listed the bail pleas of JNU student leader Umar Khalid and other accused in a UAPA case linked to the alleged larger conspiracy of Delhi riots 2020, for hearing on October 7.
A division bench of Justices Suresh Kumar Kait and Girish Kathpaliya listed the matter related to the bail pleas of Abdul Khalid Saifi, Gulfisha Fatima, Sharjeel Imam, Shadab Ahmed and other accused persons for final hearing on October 7.
The bail plea of Umar Khalid is also listed on October 7 along with other pleas for hearing.
The High Court on July 24 issued notice to Delhi police 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 a UAPA case.
He is one of the accused in the larger Conspiracy of Delhi riots case 2020.
Umar Khalid is in custody since September 2020. In this investigation is still ongoing 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 refused to grant 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 the allegations against the accused were prima facie true and he did 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,” the Special judge observed in the order passed on May 28.
The trial had court also said that the High Court did a surface analysis and concluded that a prima facie case is made out against the accused.
“As according to 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, in fact, did complete surface analysis of the 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,” the 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 Hon’ble Supreme Court and withdrew his petition, the order of this Court as passed on 24.03.2022 has attained finality and now, in no stretch of the imagination this court can make an 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 has been in custody. He had sought a regular bail under Section 437 of the Code of Criminal Procedure, 1973 read, with Section 43D (5) of the Unlawful Activities Prevention Act, 1967 for grant of regular bail. (ANI)
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