New Delhi: Student activist Umar Khalid was denied interim bail by a Delhi court on Tuesday. He is an undertrial in the Delhi riot conspiracy case.
Khalid had sought a 15-day release to attend the 40th-day ritual (Chehlum) of his late uncle and to see and take care of his mother, who has to undergo surgery, as reported by The Indian Express.
He had moved an application under Section 483 (special powers of high court or court of session regarding bail) of the BNSS, 2023, read with Section 439 of the CrPC, 1973.
Sahil Ghai, Khalid’s counsel submitted that though his household comprises his father, mother, and five sisters, his father is 71 and not in a position to attend and take care of his wife, i.e., the mother of the applicant.
The applicant’s mother, who has been sick for quite a long time, was medically examined, and has been advised to undergo surgery for a lump excision, it was submitted.
Ghai also submitted that four of the sisters of the applicant are married and reside away from the parental home in different locations, and as the applicant is the eldest and the only son in the family, only he can take care of his mother pre and post surgery.
Additional sessions judge Sameer Bajpai denied the bail while noting that though Khalid never flouted conditions set by the court while granting interim bail earlier, it doesn’t mean that on every occasion, whenever the accused seeks bail, the court should grant the same.
The court has to consider every fresh application on its own merits and should allow the same only when the grounds are reasonable.
“Attending the Chehlum ceremony of his uncle is not necessary. Things would have been different if the ceremony were for a person who was in immediate relation to the applicant. Further, if the relation was so immediate and thick, the applicant would have asked for the release at the time of the death of his uncle only, and not now, after such a long time. Therefore, the Court doesn’t find this reason to be just,” the court said.
“As far as the surgery of the mother of the applicant is concerned, the applicant has himself said that he has five sisters. Although, as per the applicant, his sisters do not live nearby, they are definitely expected to come for the help of their mother. Further, the father of the applicant is also there to take care of the mother of the applicant. Further, as said by the prosecution, the surgery is very simple, i.e., just for the removal of lumps, and there seems to be no actual requirement or help from the side of the applicant,” the order further said.
