A Delhi court issued release orders for the fifth accused in the 2020 Northeast Delhi riots conspiracy case after bail was granted by the Supreme Court. The court confirmed that all bail conditions were fulfilled, paving the way for his release after police verification.
New Delhi: A Delhi court on Thursday issued release orders for Shahdab Ahmed, one of the five accused who were granted bail by the Supreme Court of India in the 2020 Northeast Delhi riots conspiracy case.
Additional Sessions Judge Sameer Bajpai accepted Shahdab Ahmed’s bail bond of ₹2 lakh along with two local sureties of the same amount. After accepting the bond, the court formally issued his release orders.
The release order came after the Delhi Police submitted a verification report confirming that all documents and sureties provided by the accused were in order. The court noted that Shahdab Ahmed had complied with all the bail conditions imposed by the Supreme Court.
Earlier, on Wednesday, the court had directed the Delhi Police to verify the documents and sureties submitted by the accused. Following this verification process, the other four accused, who were also granted bail by the apex court, walked out of jail on Wednesday after their respective release orders were issued.
On Monday, while hearing the matter, the Supreme Court refused bail to activists Umar Khalid and Sharjeel Imam, but granted bail to five other accused persons. The top court made it clear that the decision was based on the “hierarchy of participation” and observed that all the accused in the case “do not stand on the same footing”.
The bench of Justices Aravind Kumar and N V Anjaria said there was a prima facie case against Umar Khalid and Sharjeel Imam under the Unlawful Activities (Prevention) Act (UAPA), and therefore declined to grant them bail at this stage.
While granting bail to the five accused, the Supreme Court imposed as many as 11 strict conditions. The apex court made it clear that if any of these conditions are violated, the trial court would be free to cancel the bail after giving the accused an opportunity of being heard.
The Supreme Court directed the accused to execute a personal bond of ₹2 lakh along with two local sureties of the same amount to the satisfaction of the trial court. It also ordered that the accused must remain within the National Capital Territory of Delhi and should not leave its territorial limits without prior permission of the trial court.
The court further stated that any request for travel outside Delhi must clearly mention the reasons for travel, and such a request would be considered by the trial court strictly on its merits.
In addition, the apex court directed the five accused to surrender their passports. They were also instructed to furnish their current residential addresses, contact numbers and email addresses to the investigating officer as well as to the trial court.
During the proceedings, the respective counsels for the accused sought three to four days’ time to submit these details. They informed the court that the mobile phones of the accused had not been functional for a long period and assured the court that all required information would be provided once access to the phones is restored.
The Supreme Court also imposed a strict restriction on the conduct of the accused during the period of bail. It directed that the accused must not directly or indirectly contact, influence, intimidate or attempt to contact any witness or any person connected with the case.
They were also restrained from associating with or participating in the activities of any group or organisation linked to the present FIR.
With Shahdab Ahmed’s release orders now issued, all five accused who were granted bail by the Supreme Court have been released from custody, while the cases against the remaining accused continue to be heard by the courts.
Background:
In a key verdict in the 2020 Delhi riots conspiracy case, the Supreme Court of India examined the bail pleas of several accused and clearly ruled that all accused cannot be treated on the same footing. The top court emphasised that bail must be decided on the basis of the specific role attributed to each individual and the seriousness of the allegations against them.
A Bench of Justices Aravind Kumar and N V Anjaria granted bail to five accused after noting that their alleged involvement did not place them at the same level as the principal conspirators.
At the same time, the court refused bail to Umar Khalid and Sharjeel Imam, observing that there was a prima facie case against them under the Unlawful Activities (Prevention) Act.
The Supreme Court introduced the principle of “hierarchy of participation”, stating that the gravity of allegations, nature of evidence and individual roles must guide bail decisions, especially in cases involving stringent laws like UAPA.
While granting bail, the court imposed 11 strict conditions, including restrictions on movement, surrender of passports, cooperation with the investigation, and a complete bar on influencing witnesses or associating with organisations linked to the FIR.
The court also clarified that any violation of these conditions would allow the trial court to cancel bail after hearing the accused.
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