SC denies bail to Umar Khalid, Sharjeel Imam; grants bail to other accused

SC denies bail to Umar Khalid, Sharjeel Imam; grants bail to other accused

In Umar Khalid v. State of NCT of Delhi, the Supreme Court of India partly upheld the Delhi High Court’s decision on bail in the Delhi riots “larger conspiracy” case under the Unlawful Activities (Prevention) Act, 1967. The Court denied bail to Umar Khalid and Sharjeel Imam, while granting bail to other accused, holding that bail under UAPA must be decided accused-specific, not collectively. The Bench ruled that under Section 43D(5) UAPA, if prosecution material discloses a prima facie case, courts must deny bail and cannot conduct a mini-trial at the bail stage. It further held that delay in trial is not an automatic ground for bail in special statutes like UAPA. The Court found Khalid and Imam to be on a different footing due to their alleged leadership and strategic roles in the conspiracy. Other accused, with comparatively limited roles, were granted bail with strict conditions. The trial court was directed to expedite proceedings, and Khalid and Imam were permitted to renew bail pleas at a later stage.