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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
You can read the story here.
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.
In the order accessed by The Quint, the court noted:
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 proved.
The bail conditions include:
The charge sheet primarily focuses on the alleged involvement of former AAP councillor Tahir Hussain. However, it makes repeated mentions of him along with Khalid.
Most significantly, this charge sheet speaks of the 8 January meeting where the trio of Hussain, Khalid Saifi and Khalid allegedly met to plan these riots at Shaheen Bagh.
The charge sheet reads: “He (Tahir Hussain) was found connected to Khalid Saifi and Khalid who are part of a larger group of persons who were organising riots and protests in Delhi.”
This is a hole in the narrative of the Delhi Police on the alleged conspiracy, The Quint had revealed in a story.
The various sections of the FIR are: Section 109 (punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment), 114 (abettor present when offence is committed), 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 395 (punishment for dacoity), 427 (mischief causing damage to the amount of fifty rupees), 435 (mischief by fire or explosive substance with intent to cause damage to amount of one hundred or ten rupees), 436 (mischief by fire or explosive substance with intent to destroy house, etc.), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 454 (lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence etc), 505 (statements conducing to public mischief ), 120B (criminal conspiracy), 34 (common intention) of the Indian Penal Code and Section 3 and 4 Prevention of Damage to Public Property Act as well as 25/27 Arms Act.
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