Additional Sessions Judge Sameer Bajpai dismissed the regular bail applications filed by Umar Khalid and Sharjeel Imam under Section 437 CrPC/483 BNSS read with Section 43D(5) UAPA in the larger conspiracy case related to the 2020 Delhi riots (FIR No. 59/2020).
Background
Both accused had previously approached the trial court, Delhi High Court, and Supreme Court multiple times. Their latest Supreme Court petitions were dismissed on 05.01.2026 in Gulfisha Fatima v. State (NCT of Delhi), where bail was granted to five co-accused but denied to the present applicants. The Supreme Court imposed a condition that fresh bail applications could be moved only after one year or upon examination of protected witnesses, whichever is earlier.
Subsequent developments, including another Supreme Court judgment in Syed Iftikhar Andrabi v. NIA (expressing reservations on application of K.A. Najeeb) and grant of interim bail to co-accused Tasleem and Khalid Saifi, were cited as changed circumstances.
Court’s Reasoning
- The trial court is bound by the Supreme Court’s order dated 05.01.2026 in Gulfisha Fatima.
- The question of law regarding divergence between Gulfisha Fatima and Syed Iftikhar Andrabi has been referred to a larger bench; until settled, the earlier order prevails.
- No substantial change in circumstances justifying reconsideration at this stage.
- Applications not maintainable; dismissed accordingly.
The court clarified that nothing in the order reflects on the merits of the case.
Key Takeaways
- Binding Nature of Apex Court Orders: Lower courts must adhere to specific timelines and conditions imposed by the Supreme Court.
- UAPA Bail Provisions: Stringent thresholds under Section 43D(5) continue to apply.
- Changed Circumstances: Subsequent judgments creating divergence do not automatically override prior specific directions unless clarified by a larger bench.
- Procedural Discipline: Accused must wait for the stipulated period or witness examination before renewing bail pleas.
Case Details
Case Name: State v. Tahir Hussain (Umar Khalid) & State v. Tahir Hussain (Sharjeel Imam)
Court: Additional Sessions Judge-03, Shahdara District, Karkardooma Courts, Delhi
FIR No.: 59/2020, PS Crime Branch
Date of Order: 04 July 2026
Click HERE for full Judgment.
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