New Delhi: The Delhi High Court granted bail Tuesday to Safoora Zargar, the pregnant Jamia university student. Safoora Zargar was arrested under anti-terror law UAPA in a case related to communal violence in northeast Delhi. It happened during protests against the Citizenship Amendment Act (CAA). Solicitor General Tushar Mehta did not oppose the court’s decision on humanitarian grounds.
At the outset, Mehta, representing Delhi Police, submitted that Zargar can be released on regular bail on humanitarian grounds. However, decision has not been taken on merits of the case and should not be made a precedent.
Justice Rajiv Shakdher, who conducted the hearing through video conferencing, released Zargar, who is 23-week pregnant, on bail. She will have to furnish a personal bond of Rs 10,000 and surety of the like amount.
The court said Zargar shall not indulge in any activity for which she is being investigated. She also shall not hamper or interfere with the on-going investigation or influence the witnesses. It also said that in case Zargar needs to travel, she has to seek permission from the trial court. She will remain in touch with the investigating officer of the case over mobile phone once in 15 days.
Mehta was briefed by advocates Amit Mahajan and Rajat Nair. He said the order which is based on concession shall not be cited or treated as a precedent in other cases.
“Without in any manner conceding to the factual assertions and legal submissions made by the petitioner and without in any manner diluting the contents and submissions made in the reply filed thereto and without making it a precedent either in on-going investigations or any other investigation, purely on humanitarian ground, the prosecution agrees if the petitioner is released on regular bail,” said the statement read out in the court by Mehta and Additional Solicitor General Aman Lekhi.
Mehta also urged the court to impose certain bail conditions on the accused woman.
Advocate Nitya Ramakrishnan, representing Zargar, said she has no difficulty with the statement made by the Solicitor General. The court made it clear that the order is not passed on merits and it be not treated as precedent.
Delhi Police, in its status report, opposed Zargar’s bail plea saying a clear and cogent case has been made out against her. As such she is not entitled to bail in view of grave and serious offences which have been meticulously and surreptitiously planned and executed by her.
The police said there is strong, cogent, reliable and sufficient material available proving the direct involvement of Zargar, M Phil student of Jamia Millia Islamia University. The police said she has been lodged in a separate cell and chances of her contracting coronavirus from any other person do not arise.