Embargo under UAPA squarely applies to Umar Khalid, does not deserve bail: Court

New Delhi [India], May 29 (ANI): Delhi’s Karkardooma Court on Tuesday refused to grant a regular bail to JNU’s former Student Union leader Umar Khalid. While rejecting the bail plea, the trial court referred to the order of the Delhi High Court which said that allegations against the accused were prima facie true and he does not deserve bail.

Special judge Sameer Bajpai in his order said, “High Court analyzed the case against the applicant and finally concluded that allegations against the applicant are prima-facie true and that the embargo created by section 43D(5) of UAPA squarely applies against the applicant and the applicant does not deserve bail.”

“It is clear that the Hon’ble High Court has minutely considered the role of the applicant and declined the relief as desired by him,” the Special judge observed in the order passed on May 28.

The trial court also said that the High Court did surface analysis and concluded that a prima facie case is made out against the accused.

“As according to Vernon’s case as relied upon by ld. counsel for the applicant, while considering bail, no ‘deep analysis’ of the facts of a case can be done and only ‘surface analysis’ of the probative value of evidence has to be done and as such the Hon’ble High Court has in fact did complete surface analysis of probative value of the evidence while considering the prayer of the applicant for grant of bail and after doing so it was concluded that prima-facie case is made out against the applicant,” trial court noted in the order.

The court said that when the High Court has already dismissed the criminal appeal of the applicant vide order dated 18.10.2022 and thereafter, the applicant approached the Hon’ble Supreme Court and withdrew his petition, the order of this Court as passed on 24.03.2022 has attained finality and now, in no stretch of imagination this court can make analysis of the facts of the case as desired by the applicant and consider the relief as prayed by him.

The trial court was dealing with the second regular bail application filed on behalf of Umar Khalid who is an accused in UAPA case related to larger conspiracy of Delhi riots of 2020.

He was arrested in September 2020. Since then he is in custody. He sought a regular bail under Section 437 of Code of Criminal Procedure, 1973 read with Section 43D (5) of the Unlawful Activities Prevention Act, 1967 for grant of regular bail.