After arguments that lasted one day, NE Delhi violence accused Umar Khalid has been granted bail by additional sessions judge Vinod Yadav under FIR 101 that was registered on 25 February 2020.
The judge noted that there had been no recovery of evidence from Umar Khalid.
The FIR is connected to the violence in the Khajuri Khas area of northeast Delhi and is being investigated by the Delhi Police crime branch.
The charge sheet had stated that Khalid along with former AAP councillor Tahir Hussain and United Against Hate member Khalid Saifi had met on 8 January to decide to do a ‘big blast’ when Trump visited. The Quint in our exclusive investigation had found a hole in this narrative of the police as there was no knowledge whatsoever of Trump’s visit till at least the 14th of January. The story was a part of the application moved for bail by Umar Khalid’s counsels.
This was the second FIR under which Khalid was formally arrested on 1 October last year. He was already in custody then under FIR 59, where, along with other charges of rioting and criminal conspiracy, the anti-terror law Unlawful Activities (Prevention) Act (UAPA) had also been invoked.
Since he has not been granted bail under FIR 59, he will continue to be lodged in jail.
What Does the Court Order State?
In the order accessed by The Quint, the court noted
The applicant has been roped in the matter merely on the basis of his own disclosure statement and the disclosure statement(s) of co-accused Tahir Hussain and Khalid Saifi. It is argued that no recovery of any sort has been effected from the applicant in the matte
Disclosure statements taken by the police under Section 161 of CrPC, also called confessions, have no evidentiary value in the trial until they lead to recovery of evidence. Here the judge also notes that there was no recovery of any sort from Khalid
Regarding the 8 January meeting, on which The Quint had reported on, the order noted that there was no material on record that established in anyway that a meeting took place between Tahir Hussain, Umar Khalid and Khalid Saifi. It is only established that they were in the same area and no criminal conspiracy has been prove
The bail conditions include
Khalid is granted bail in the matter on furnishing a Personal Bond for the sum of Rs 20,000
He shall not tamper with the evidence or influence any witness in any manner
He shall maintain peace in the locality
He shall appear before the court on each and every date of hearing to attend the proceedings in accordance with the terms of Bail Bond
He shall furnish his mobile number to SHO, PS Khajuri Khas upon his release from the jail and will ensure the same to be in working condition
He shall also install “Aarogya Setu App” on his mobile phone...../-e:d..r.:s mobile phone.
