Delhi HC sets aside bail granted to accused in Turkman Gate violence case

The Delhi High Court has set aside the bail granted to an accused, who was allegedly part of the mob that indulged in stone-pelting during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate here early this month.

Remanding the case to the trial court for reconsideration, Justice Prateek Jalan said while the court was extremely cautious in interfering with liberty granted to an individual, this was an “exceptional” case where bail was granted to Ubedullah, a street vendor, through a “cryptic and unreasoned” order.

The trial court had granted bail to Ubedullah on January 20.

Justice Jalan said the bail order did not adequately address the arguments of the prosecution and even a prima facie or brief analysis of the factors which govern adjudication of bail was absent.

The impugned order is set aside for want of adequate reasons and remanded to the sessions court, the court said in its order passed on January 21.

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The trial court will reconsider the bail plea on January 23.

To oppose the grant of bail before the trial court, the prosecution had largely relied on CCTV footage and the disclosure of a co-accused, which alleged that Ubedullah was part of a violent crowd that obstructed police, indulged in stone-pelting and caused damage to public property.

The counsel for the accused had, however, said the entire case against him was “a ‘fishing expedition’.

The case pertains to violence during an anti-encroachment drive near the mosque in the Ramlila Maidan area on the intervening night of January 6 and 7.

The police said rumours were spread on social media that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot.

They said around 150-200 people hurled stones and glass bottles at the police and MCD personnel, injuring six policemen, including the area’s station house officer.