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High Court of Delhi

Delhi High Court Grants Umar Khalid Three-Day Interim Bail to Attend Ailing Mother During Surgery

May 22, 2026 : The Delhi High Court on Friday granted interim bail for three days to activist Umar Khalid in the 2020 North-East Delhi riots larger conspiracy case, allowing him to visit and assist his ailing mother, who is scheduled to undergo surgery on June 2.

A Division Bench comprising Justice Prathiba M Singh and Justice Madhu Jain passed the order while hearing Khalid’s appeal against a sessions court order dated May 19, which had rejected his interim bail plea. The High Court granted limited relief strictly on humanitarian grounds after considering the medical condition of Khalid’s mother.

The Bench imposed several stringent conditions while allowing temporary release. Khalid has been directed to furnish a surety bond of Rs 1 lakh and remain within the National Capital Region during the bail period. The court further restricted his movement only to his residence and the hospital where his mother is admitted. He has also been directed to use only one mobile number and refrain from contacting anyone or travelling elsewhere during the period of interim bail.

Khalid had approached the High Court seeking interim bail for 15 days to attend the Chehlum ceremony following the death of his uncle and to help with the pre-operative and post-operative care of his mother ahead of her surgery.

Additional Solicitor General SV Raju, appearing for the Delhi Police, opposed the plea and argued that the surgery was minor in nature and that other family members, including Khalid’s sisters, could take care of his mother. The prosecution also suggested that custody escort arrangements could be made instead of granting bail.

During the hearing, Senior Advocate Trideep Pais, appearing for Khalid, informed the court that the surgery was for the removal of a cyst on his mother’s back.

Earlier, on May 19, Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts had rejected Khalid’s interim bail application. The trial court observed that merely because Khalid and other accused persons had previously been granted interim bail and complied with conditions did not automatically entitle them to interim relief on every occasion.

The sessions court had further held that attending the Chehlum ceremony did not amount to an unavoidable circumstance warranting interim release. It also noted that if Khalid had shared a close relationship with his deceased uncle, he could have sought interim bail immediately after the death instead of at a later stage.

Special Public Prosecutor Anirudh Mishra had opposed the plea before the trial court, contending that Khalid’s mother’s surgery was not serious and that other family members, including his father and five sisters, were available to care for her. Accepting the prosecution’s submissions, the trial court observed that the procedure involved removal of lumps under local anaesthesia and did not require Khalid’s presence for caregiving purposes.

The case arises out of FIR No. 59/2020 registered by the Delhi Police under various stringent provisions of the Unlawful Activities (Prevention) Act, 1967, including Sections 13, 16, 17 and 18 relating to unlawful activities, terrorist acts, funding of terrorist activities and criminal conspiracy. The FIR also invokes provisions of the Arms Act, the Prevention of Damage to Public Property Act and multiple sections of the Indian Penal Code.

Khalid was arrested in the case on September 13, 2020. His regular bail plea was rejected by the trial court on March 24, 2022, and the order was later upheld by the Delhi High Court on October 18, 2022.

Several others have also been charge-sheeted in the case, including former AAP councillor Tahir Hussain, activist Sharjeel Imam, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, along with Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan. A supplementary charge sheet was later filed against Khalid and Imam.