Delhi Court Grants Bail to Six Accused in Turkman Gate Stone-Pelting Case
A Delhi court has granted bail to six men accused in the Turkman Gate stone-pelting case, which is linked to a demolition drive near the Faiz-e-Elahi mosque last month. The court emphasized that mere presence at the scene, without concrete evidence of active involvement, does not justify continued pre-trial custody.
Court Observations and Bail Conditions
Additional Sessions Judge Bhupinder Singh granted bail on Wednesday to Mohd Faiz, Mohd Affan, Shazad, Mohd Imran, Mohd Faheem, and Mohammad Imran. Each accused must furnish a personal bond of Rs 50,000. The court condemned any attack on police officers but stressed that the prosecution must independently establish the specific role of each individual. Judge Singh noted that the current material on record does not conclusively prove individual attribution at this stage.
The prosecution relied on identification by injured policemen and certain video footage. However, the court found that the footage does not clearly establish the identity of the accused, as facial features are not distinctly visible. Additionally, the Forensic Science Laboratory (FSL) report is still awaited, and the identification by injured officials, while relevant, will require thorough evidentiary scrutiny during the trial to determine its reliability.
Arguments from Prosecution and Defense
Assistant Public Prosecutor Atul Srivastav opposed the bail, arguing that the accused were present in violation of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and deliberately targeted police personnel. The charges against them include attempt to murder. In contrast, the defense contended that the intent was to stop the demolition, not to harm policemen. They also highlighted that the accused are Delhi residents with no flight risk, making further custody unnecessary.
Key Factors in Bail Decision
Judge Singh pointed out several factors in granting bail. The accused were not apprehended at the spot but arrested later during the investigation, and the available evidence requires careful examination. Most witnesses are official, and the evidence is largely documentary and electronic, reducing the risk of interference in the probe. The court also invoked parity, noting that 12 co-accused were granted bail on February 16, and there are no distinguishing features in the roles of the current applicants.
Background of the Case
The case originates from violence during an anti-encroachment drive near a mosque in the Ramlila Maidan area on the intervening night of January 6–7. Social media rumors about demolition near Turkman Gate led to a gathering. Police alleged that 150–200 people pelted stones and bottles at police and Municipal Corporation of Delhi (MCD) staff, injuring six policemen, including the Station House Officer (SHO). On January 24, another accused, Mohd Ubaidullah, was granted bail by Judge Joginder Prakash Nahar, citing natural proximity to the site.
