High Court Grants Interim Bail To Delhi Riots Accused To Arrange Funds For Daughter's Academic Fee

The Delhi High Court on Friday granted interim bail to Mohd. Salim Khan, accused in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots.

A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur ordered Khan's release on interim bail for 10 days in order to permit him to arrange funds for payment of academic fees of his daughter who is pursuing law from Jamia Hamdard University.

Khan's counsel told Court that he has previously been granted interim bail on multiple occasions and had never misused the relief.

SPP Amit Prasad opposed the plea by submitting that Khan is the person seen damaging CCTV cameras and his interim bail was earlier denied by the High Court.

Khan's counsel said that interim bail was required so that the accused can sell stocks worth Rs. 16 lakh of the business he was doing prior to his arrest in the case and that he needed Rs. 1.75 lakh to ensure that his daughter is able to give her law exams in April.

“I'll sell the stocks and make FDR. I am only seeking interim bail for two weeks. I'll get out, sell the stocks. I have been inside for around five years. My bail is pending before this court,” the counsel said.

On this, the SPP said that since the business was now being handled by his son, there was no reason why the stocks cannot be sold by him.

Granting the relief, the Bench noted that Khan has been in custody since 2020 and has been granted interim bail four times in 2023 and 2024.

It noted further that the prosecution has filed a verification report before the trial court affirming Khan's stand that his daughter is pursuing law from Jamia Hamdard University.

The Court also found that Khan duly surrendered himself on the expiry of the interim bail period on previous occasions.

“Keeping in view the above facts, we direct the release of the appellant for 10 days from the date of his release subject to the conditions that were placed on him while last releasing on bail in December 2024,” the Court said.

The Court directed Khan to furnish a personal bond of Rs. 20,000 and one surely of like amount to the satisfaction of the trial court.

It further held Khan bound by his statement that he will dispose of all the remaining stocks of his business and shall not use the plea of selling them any further for seeking release on interim bail.

Khan had challenged the trial court order dismissing his interim bail application on March 25.

Before the trial court, Khan said that due to financial constraints, the 3rd and 4th Semester Academic fee of his daughter was not paid and that prior to his arrest, he was managing a business and was having a closing stock of over Rs.16 lakh which could be disposed of at an economical price by him and the funds generated could be used for paying the academic fees.

The trial court had denied the relief observing that Khan was granted interim bail four times for different reasons and had raised similar ground of selling of stock in an earlier application as well.

FIR 59 of 2020 was registered by Delhi Police's Special Cell under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Title: Mohd. Salim Khan v. State  

Citation: 2025 LiveLaw (Del) 383