A Delhi court issued release orders for four accused in the 2020 Northeast Delhi riots conspiracy case after they fulfilled all bail conditions imposed by the Supreme Court. The fifth accused, though granted bail, was not released as he failed to furnish bail bonds.
New Delhi: A Delhi court on Wednesday passed formal release orders for four accused persons who were granted bail by the Supreme Court in the 2020 Northeast Delhi riots conspiracy case, after they completed all bail-related formalities.
Additional Sessions Judge Sameer Bajpai accepted bail bonds of ₹2 lakh each along with two local sureties of the same amount submitted by Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman and Mohd Saleem Khan.
After the court received verification reports from the Delhi Police confirming the authenticity of the documents and sureties, the judge issued their release orders.
The fifth accused, Shadab Ahmad, who was also granted bail by the Supreme Court earlier this week, did not appear before the court to furnish his bail bonds. As a result, no release order was issued in his case.
The court recorded that the four accused had complied with all conditions imposed by the Supreme Court of India while granting bail. The release orders were passed a day after the trial court had directed the Delhi Police to verify the documents and sureties, which had led to a brief delay in their release.
Earlier, the Supreme Court had considered bail pleas filed by several accused persons in the Delhi riots conspiracy case. While granting bail to five accused, including the four released on Wednesday, the top court declined bail to activists Umar Khalid and Sharjeel Imam.
The court observed that all accused in the case do not stand on the same footing and referred to a hierarchy of participation while deciding the bail applications.
The bench of Justices Aravind Kumar and N V Anjaria noted that there was a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act, which weighed against granting them bail.
While allowing bail to the other five accused, the Supreme Court imposed 11 strict conditions. The court made it clear that if any of these conditions are violated, the trial court would be free to cancel the bail after hearing the accused.
As part of the conditions, the accused were directed to execute personal bonds of ₹2 lakh each with two local sureties of the same amount to the satisfaction of the trial court. They were also ordered to remain within the National Capital Territory of Delhi and not leave its limits without prior permission from the trial court.
The Supreme Court further clarified that any request to travel outside Delhi must clearly state the reasons, and such requests would be examined strictly on their merits by the trial court.
The accused were also directed to surrender their passports and provide their current residential addresses, mobile numbers and email IDs to the investigating officer as well as the trial court.
Their lawyers sought three to four days’ time to submit these details, stating that the mobile phones of the accused had remained non-functional for a long period. They assured the court that the information would be provided once access to the phones was restored.
In addition, the court imposed a clear restriction on the accused from directly or indirectly contacting, influencing, intimidating or attempting to contact any witness or person connected with the case.
They were also barred from associating with or taking part in the activities of any group or organisation linked to the FIR in the present matter.
With the completion of verification and compliance with bail conditions, the four accused walked out of jail on Wednesday, while proceedings relating to the fifth accused will continue once he furnishes the required bail bonds.
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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