Bail Order of Co-Accused Can't Be Used as Precedent: Delhi Police to SC in Umar Khalid Bail Plea

The Delhi Police has argued before the Supreme Court that Umar Khalid and others in the 2020 Delhi riots conspiracy case should not be granted bail on the basis of earlier bail orders given to co-accused Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha. The police told a Bench that the earlier orders cannot serve as precedent because the Supreme Court itself had made it clear that they were not to be relied upon in other cases. The prosecution further contended that there has been no material change in circumstances to justify a fresh bail plea. Solicitor General Tushar Mehta and ASG SV Raju emphasised that the earlier bail was granted based on a flawed interpretation of UAPA law, and that parity in bail cannot override a proper factual and legal appreciation of each accused's role. The court noted that while successive bail applications are permissible, they must be grounded in new developments, not merely repeated on the same factual or legal bases.