Delhi Court Reconsiders and Grants Bail in Turkman Gate Violence Case Following High Court Direction
In a significant legal development, a Delhi court has once again granted bail to a 25-year-old man accused in the Turkman Gate stone-pelting case, just two days after the Delhi High Court set aside an earlier bail order. This decision comes after the High Court directed the sessions court to reconsider the plea, highlighting deficiencies in the initial ruling.
Background of the Case and Initial Bail Order
On January 20, Additional Sessions Judge Joginder Prakash Nahar of the Tis Hazari Court had granted bail to Ubedullah, who faced charges under the Bharatiya Nyaya Sanhita for rioting, stone pelting, and attempt to murder. The case stemmed from an incident earlier this month during a demolition drive near the Faiz-e-Ilahi mosque at Turkman Gate, where a mob allegedly pelted stones at police personnel.
High Court's Intervention and Overturning of Bail
The Delhi High Court, on January 22, overturned this bail order, criticizing it as "cryptic" and lacking a prima facie analysis of the factors governing bail applications. The court noted that the sessions court had failed to provide reasoned justifications, leading to the decision being set aside and sent back for reconsideration.
Reconsideration and Grant of Bail by Sessions Court
On Saturday, Judge Nahar revisited the case and granted bail to Ubedullah, this time detailing the reasons for his decision. Key factors considered in the order included:
- Ubedullah has no criminal antecedents and is not a previous convict.
- He was not seen at the site of the offence, with his connection to the stone-pelting crowd still subject to investigation.
- As a 25-year-old daily wager, he is the sole breadwinner for his family, which includes a minor sister and a sick father.
- There is no evidence to suggest he can influence police or prosecution witnesses, given his conduct of joining the investigation promptly.
The order emphasized that no useful purpose would be served by keeping him in custody, especially considering his family responsibilities and lack of prior involvement in crimes.
Context of the Incident and Broader Implications
The violence occurred during a Municipal Corporation of Delhi (MCD) drive to demolish illegal structures near the mosque, hours after the High Court had declined an interim stay on such action. Ubedullah is likely to be released from jail after furnishing bail bonds, marking him as the first among 18 arrested accused to secure bail in this case.
This development underscores the judicial process's emphasis on reasoned orders and individual circumstances in bail decisions, particularly in cases involving public disturbances and legal scrutiny.
