Delhi court denies Umar Khalid’s plea for 15-day interim bail 

NEW DELHI: A Delhi court on Tuesday dismissed an interim bail plea filed by jailed student activist Umar Khalid, who had sought temporary release to attend the Chehlum of his uncle and to take care of his ailing mother, scheduled to undergo surgery next month.

Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts rejected the application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 439 of the CrPC, seeking 15 days’ interim bail.

According to the plea, Khalid’s uncle, Khursheed Ahmad Khan, passed away on April 10, and the 40th-day ritual (Chehlum) is scheduled to be held in Delhi on May 24. He also submitted that his mother has been unwell and has been advised surgery for lump excision on June 2 at a private hospital.

The plea stated that although Khalid’s family consisted of his parents and five sisters, his 71-year-old father was not in a position to take care of his mother, and his sisters lived away from the parental home after marriage. It was argued that, being the eldest and the only son in the family, Khalid was required to assist his mother before and after the surgery.

Opposing the plea, the prosecution contended that the accused was attempting to misuse the court’s leniency and that the grounds raised were not compelling. The Special Public Prosecutor submitted that the uncle did not fall within the category of “close relations” and that attendance at the Chehlum ceremony was not necessary.

Regarding Khalid’s mother’s surgery, the prosecution argued that his sisters and father could take care of her and described the procedure as a “minor surgery” requiring only local anaesthesia. After hearing both sides, the court observed that although Khalid had previously been granted interim bail on multiple occasions and had complied with all conditions, each application must be assessed independently on its merits.

“Not only the applicant but other co-accused persons have been granted interim bail, and they never flouted the conditions as imposed by the Court, but it doesn’t mean that on every occasion whenever the accused seeks bail, the Court should grant the same,” the judge said.

Rejecting the first ground, the court observed: “Attending the Chehlum ceremony of his uncle is not that necessary. The things would have been different if the ceremony was of a person who was in immediate relation with the applicant.”

It further said that if the relationship was so close, Khalid would have sought release at the time of his uncle’s death itself. On the second ground relating to his mother’s surgery, the judge said that Khalid has multiple family members who can support his mother.