Interim bail for election participation may be considered, but must balance the accused's rights with the seriousness of allegations and trial integrity.

JUDGMENT (oral)

CRL.M.A. 516/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. The Application is disposed of.

3. The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as “ BNSS , 2023”) has been filed on behalf of the Applicant/Petitioner seeking “Interim Bail” from 14.01.2025 to 09.02.2025 to participate in the election process and to contest the Delhi Assembly Elections, 2025 from Mustafabad Constituency, Delhi.

4. It is submitted in the Application that the Applicant/Petitioner is an accused in relation to the Delhi Riots which took place in February, 2020. The Applicant/Petitioner was taken in custody and arrested by the Police on 05.03.2020 in FIR No. 101/2020 dated 25.02.2020 under Sections 109 /114/147/148/149/188/353/427/435/436/454/34 of the Indian Penal Code , 1860 (hereinafter referred to as “IPC, 1860”) registered at Police Station Khajuri Khas, Delhi; since then, he is in judicial custody.

5. It is further submitted that the Complaint Case bearing No. ECIR 05-STF/2020 under the Prevention of Money Laundering Act , 2002 has been filed by the Enforcement Directorate. In the said PMLA case, the Applicant/Petitioner has already been in custody for more than half of the maximum punishment that can be imposed on him, thereby entitling him to the benefit of the erstwhile Section 436A of the Code of Criminal Procedure , 1973, now Section 479 of BNSS , 2023 and to Regular Bail/Anticipatory Bail.

6. Apart from aforesaid two cases, the Applicant/Petitioner was arrested in 9 other cases, all related to Delhi Riots, 2020.

7. It is submitted that the Applicant/Petitioner has been granted Regular Bail in FIR Nos. 80, 117, 91, 92, 120 all of 2020, all registered at Police Station Dayalpur, Delhi vide Judgment dated 12.07.2023 passed by the Co-ordinate Bench of this Court.

8. The Applicant/Petitioner has been admitted to Regular Bail in FIR No. 88/2020 dated 01.03.2020 under Sections 307/120B/34 of IPC, 1860 registered at Police Station Dayalpur, Delhi vide Order dated 02.09.2023 by the learned Additional Sessions Judge, Karkardooma Courts, Delhi.

9. The Applicant/Petitioner has also been admitted to Bail in FIR No. 114/2020 dated 01.03.2020 under Sections 147 /148/149/427/392/435/34 of IPC, 1860 registered at Police Station Khajuri Khas, Delhi vide Order dated 06.05.2024 by the learned Additional Sessions Judge, Karkardooma Courts, Delhi.

10. It is submitted the FIR No. 116/2020 has already been quashed by this Court vide Judgment dated 26.11.2024 passed in CRL.M.C. 4654/2022.

11. It is further submitted that in the upcoming Delhi Assembly Elections, 2025, the Applicant/Petitioner, who was a former Municipal Councillor from the Aam Aadmi Party, now intends to contest the Elections from Mustafabad Assembly Constituency, as a Member of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) Party.

12. The Election Schedule of the Delhi Assembly Elections, 2025 has been declared by the Election Commission of India which reads as under: -

13. It is asserted that the Applicant/Petitioner intends to represent the people and to contest from Mustfabad Assembly Constituency, Delhi. The entire Electrical process which commences with filing of Nomination Papers followed by opening of Bank Account after Nomination and canvassing and culminates in the Decl