A Delhi Court has dismissed Umar Khalid’s plea seeking 15 days’ interim bail in the larger Delhi riots conspiracy case, holding that the grounds cited did not justify temporary release.

Khalid had sought interim bail to attend the 40th day ritual (Chehlum) of his uncle, who passed away in April, and to care for his mother, who is scheduled to undergo a lump excision surgery on June 2. His counsel argued that being the eldest son and only male child in the family, his presence was necessary, especially as his elderly father could not adequately care for his mother. It was also pointed out that Khalid had previously been granted interim bail and had complied with all conditions each time.

The prosecution opposed the plea, contending that the request amounted to misuse of judicial leniency. It argued that the uncle did not fall within the category of an immediate relation warranting interim bail for ceremonial attendance, and that Khalid’s mother could be assisted by other family members, including his sisters and father.

Accepting the prosecution’s objections, the Court held that attending the Chehlum ceremony was not necessary, observing that had the familial bond been so immediate, the request would likely have been made at the time of the uncle’s death rather than over a month later. On the medical ground, the Court noted that Khalid himself acknowledged having five sisters, who could be expected to assist their mother, while his father was also available. The Court further noted the surgery appeared to be a minor procedure not requiring his specific presence. Finding the reasons “unreasonable,” the Court rejected the interim bail application.

Appearances:

Sh. Anirudh Mishra Special PP for the State alongwith Sh. Ayodhya Prasad, Legal Assistant alongwith Inspector Anil and SI Raj Bahadur Gill.
Sh. Sahil Ghai counsel for the applicant/accused