Hearing the case through a video conference, Justice Rajiv Shakdher said that the accused Zargar, who is more than four months pregnant, is being granted bail but, directed her "not to indulge in activities for which she is being investigated and will also refrain from influencing, hampering and interfering in the ongoing probe."
High Court further pronounced that in case Zargar requires to leave the city, she will seek the permission of the concerned court. She will also have to remain in touch with the investigation officer over the phone once in 15 days.
At the outset, Mehta, representing Delhi Police, submitted that Zargar can be released on regular bail on humanitarian grounds and the 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 on furnishing a personal bond of Rs 10,000 and surety of the like amount.
Who Is Safoora Zargar & Why Was She Arrested Under UAPA?
An MPhil student and media coordinator at Delhi's Jamia Millia Islamia, Zargar was arrested on April 10 under the Unlawful Activities Prevention Act (UAPA) for allegedly conspiring with other persons to start communal clashes in Delhi where at least 53 people had lost lives while over 400 suffered injuries.
Her arrest had prompted many students across Delhi to protest demanding her release from the jail. The student groups accused the Delhi police of falsely dragging Zargar and many other students in connection with the anti-Citizenship (Amendment) Act protests.
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In her defence, Zargar had told the court that she was only part of the protests and denied the police allegations. She had filed for bail plea on the grounds that she is more than four months pregnant and has severe medical complications.
On this, the Delhi police had submitted a report to the court stating that Delhi’s jails have had many pregnant inmates and that 39 deliveries have taken place inside the prison in the past 10 years.
Safoora Zargar's Connection In Delhi Riots
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving the entire area almost on fire for more than a week.
A report, filed through DCP of special cell, said statements of witnesses and co-accused clearly implicate Zargar as being a leading co-conspirator in commissioning of serious offence of causing large-scale disruption and riots, not only in Delhi but also in other parts of the country.
The present case pertains to grave offence against the society and nation. The investigation is at a very crucial juncture, and therefore, considering the sensitivity and the broad nefarious conspectus of present case, it would not be in the interest of justice as well as in public interest to grant bail to the accused at the present stage, it said.
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The report said the motive and the idea behind this conspiracy was to go to any extent possible', be it a small scuffle with the police during blockage or instigation of riots between two communities or to advocate and execute a secessionist movement in the country by propagating an armed rebellion against the lawfully constituted government of the day .
The report also alleged that protests were carried out during the visit of US President Donald Trump to India to attract international media attention to propogate a narrative that the Government of the day was anti-Muslim.