Delhi HC grants Umar Khalid 3-day interim bail from June 1 to visit ailing mother
Synopsis
Key Takeaways
The Delhi High Court on Friday, 22 May granted three days' interim bail to jailed student activist Umar Khalid — accused in the larger conspiracy case tied to the 2020 Delhi riots — to allow him to be with his ailing mother ahead of her scheduled surgery. The relief, operative from 1 to 3 June, comes after a Division Bench took an 'empathetic view' of the humanitarian circumstances.
What the Court Ordered
A Division Bench of Justice Prathiba M. Singh and Justice Madhu Jain allowed the interim bail with strict conditions. Khalid must remain within the Delhi-NCR region throughout the three-day period and stay at the address submitted before the court. He is permitted to visit only the hospital and his place of stay — no other location.
The bench further directed that Khalid use only one mobile number and maintain continuous contact with the Investigating Officer during the bail period. 'Interim bail is granted for 3 days from 1–3 June, in order to enable the appellant to spend time with his mother,' the court stated in its order.
Background: Why Khalid Sought Bail
Khalid had approached the Delhi High Court challenging an earlier order by Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts, which had rejected his application for 15 days' temporary release. That application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) read with Section 439 of the CrPC, cited two humanitarian grounds: attending the Chehlum (40th-day ritual) of his late uncle Khursheed Ahmad Khan, who passed away on 10 April, and caring for his mother before and after her surgery for lump excision, scheduled at a private hospital on 2 June.
According to the plea, Khalid's 71-year-old father is not in a position to provide care, and his five sisters live away from the parental home after marriage. As the eldest and only son, Khalid argued he was best placed to support his mother through the procedure.
Government's Opposition
Additional Solicitor General S.V. Raju, appearing for the Delhi Police, opposed the plea, contending that the surgery was minor and that Khalid's sisters were capable of providing care. The Centre's law officer suggested that Khalid could instead be taken to visit his mother under police custody on the day of the surgery, without being granted bail. The prosecution had also argued before the trial court that the accused was attempting to misuse judicial leniency and that the grounds were not compelling.
Trial Court's Earlier Rejection
The trial court, while rejecting the earlier plea, had noted that Khalid has multiple family members capable of supporting his mother and that the surgery appeared to be a straightforward procedure. It also observed that, although Khalid had previously been granted interim bail on multiple occasions and had complied with all conditions each time, every fresh application must be assessed independently on its own merits.
What Comes Next
Khalid remains an accused in the 2020 Delhi riots larger conspiracy case, in which he has been in custody for an extended period. The High Court's decision to grant limited relief — narrower than the 15-day window sought — reflects a balance between humanitarian considerations and the prosecution's concerns. How the conditions are observed during the 1–3 June window is likely to bear on any future bail applications in the case.