After relief from Supreme Court to others, another Delhi riots accused files bail plea seeking parity

New Delhi: With the Supreme Court granting bail to five of the accused in the 2020 Delhi riots conspiracy case, another accused has filed a fresh bail application in a court here, contending that he is facing similar charges as one of them and seeking parity.

The bail application was filed by Salim Malik alias Munna, one of the 11 alleged organisers and speakers of the anti-CAA/NRC meeting against whom the court had framed charges under the offence of criminal conspiracy.

The application moved before Additional Sessions Judge Sameer Bajpai contends that the Supreme Court had on Monday granted bail to another accused charged under similar charges and that he stands on teh same footing.

It said the case by the prosecution against Malik only situates him "as a local operative associated with meetings at the Chand Bagh protest site", which is as similar to co-accused Saleem Khan who was among those granted bail by the apex court on January 5.

The alleged organisers were Mohammed Saleem Khan, Salim Malik, Mohammed Jalaluddin alias Guddu Bhai, Shahnawaz, Furkan, Mohammed Ayub, Mohammed Yunus, Athar Khan, Tabassum, Mohammed Ayaz and his brother Khalid.

The court listed the hearing on Malik's bail application for January 8.

Malik was allegedly involved in arson at a car showroom on February 24, 2020, in northeast Delhi's Bhajanpura area.

It was submitted that the Supreme Court noted in its bail order that the presence and conduct of the accused persons who were granted bail derive meaning primarily from directives purportedly issued by others.

"It is further submitted that the applicant (Salim Malik) stands on a similar footing as to the fact in, even in the case against the applicant, there is no material on record to suggest that 'autonomous authority over the larger conspiracy, nor any material to suggest that the applicant occupied a position from which strategic escalation," the bail application read.

The application claimed the activities alleged against Malik in the chargesheet also do not indicate that "he functioned as a conduit between the principal architects and secondary actors beyond his immediate geographical sphere, as observed by the apex Court while granting bail to co-accused Saleem Khan".

"It is most respectfully prayed that the applicant be released on regular bail on account of parity with bail granted to co-accused Mohd. Saleem Khan vide order dated January 5, 2025, passed by the Supreme Court of India," it added.

The apex court had on Monday granted bail to five accused, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, who were categorised as 'facilitators', while denying relief to Umar Khalid and Sharjeel Imam,  saying all the accused in the case do not stand on the same footing.

Of the 20 accused named in the case, two are still absconding and the remaining 18 had applied for bail in the case in the past.

Out of 18, seven are still in prison, including Malik, Sharjeel Imam, Umar Khalid, former Aam Aadmi Party leader Tahir Hussain, Athar Khan, Tasleem Ahmed and Khalid Saifi.

Tahir Hussain's bail application is pending in the Karkardooma Court.

The charges were framed against Malik on July 24, 2023, when the trial court said discharging him at the final stages of trial "would be unmerited".

The apex court, while granting bail, imposed several conditions, like each of the accused must execute a personal bond of Rs 2 lakh with two local sureties of the like sum to the satisfaction of the trial court.

It also ordered them to remain within the National Capital Territory of Delhi and not leave its territorial limits without prior permission of the trial court.

There was a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act, the bench of Justices Aravind Kumar and N V Anjaria had said.