New Delhi, May 22: The Delhi High Court granted bail to Salim Malik, also known as Munna, in connection with the conspiracy case related to the 2020 Delhi riots. The court noted that Malik’s involvement was similar to that of co-accused individuals who had already been granted bail by the Supreme Court.
A division bench comprising Justice Pratibha M. Singh and Justice Madhu Jain found that Malik’s role categorized him as a local-level helper, rather than a principal conspirator involved in planning the alleged larger conspiracy.
The court observed that there was no significant difference between Malik’s role and that of Mohammad Saleem Khan and Shadab Ahmed, who were granted bail earlier this year in the case of Gulfiya Fatima vs. State (Delhi Government).
The order stated that after considering the appellant’s role, the court concluded that it was akin to that of Khan and Ahmed, who participated in meetings, protests, and blockades.
The bench, led by Justice Singh, further noted that Malik had been in custody for over five years and ten months, while the trial court was still debating the charges against him.
While granting bail under strict conditions, the Delhi High Court acknowledged that the trial would take some time.
According to the prosecution, Malik participated in meetings held in mid-February 2020 and was accused of planning protests, delivering inflammatory speeches, and engaging in riotous activities, including stone-pelting and inciting clashes with the police.
Opposing the bail plea, Additional Solicitor General S.V. Raju, representing the Delhi Police, argued that Malik had actively participated in the conspiracy and that the bar on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) still applied.
However, the Delhi High Court relied on the Supreme Court’s decision in the Gulfiya Fatima case, which clarified the distinction between the principal ideologues of the alleged conspiracy and local-level helpers.
Reiterating parts of the Supreme Court’s ruling, the bench led by Justice Singh stated that Khan and Ahmed were accused of being operational coordinators rather than the masterminds of the conspiracy. It noted that the charges against Malik also indicated an operational role, placing him outside the category of those accused of orchestrating or directing a larger conspiracy.
In granting bail, the Delhi High Court imposed several conditions, including a personal bond of ₹2 lakh, the requirement of two sureties, a prohibition on leaving Delhi without prior permission, surrendering his passport, and appearing before the Crime Branch SHO twice a week. The order also prohibited him from contacting witnesses, participating in rallies or public gatherings, publishing anything related to the case, or associating with any group linked to the FIR until the trial concludes.
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