Turkman Gate violence: Delhi court grants bail to one accused

New Delhi, Jan 20 (PTI) A Delhi court on Tuesday granted bail to one of the accused in the stone-pelting incident during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate early this month.

Additional Sessions Judge Joginder Prakash Nahar granted bail to Ubedullah, a street vendor, on a bond of Rs. 25,000 with one surety of the like amount.

The prosecution largely relied on CCTV footage and the disclosure of a co-accused, alleging that Ubedullah was part of a violent crowd that obstructed police, indulged in stone-pelting and caused damage to public property.

M K Malik and A F Faizi, the counsel for the accused, emphasised that the First Information Report (FIR) names several other persons but not Ubedullah, and that the entire case against him is "a 'fishing expedition' premised on a single 'omnibus' identifying witness" and "prejudicial reliance on CCTV footage which does not show any overt act by him".

Furthermore, they argued that being a resident of the area, the CCTV footage only captured Ubedullah emerging from his house to search for his minor sister and did not confirm his involvement in the surrounding violence.

"It is noted that the accused herein is a resident of Turkman Gate, Delhi. It is submitted on behalf of the accused that the residence of the accused is hardly 50 metres away from the place of the incident, and he has not committed any act of offence in the present case. Hence it is noted that it is natural for the accused to be present near his house," said the court order dated January 20.

The court noted that the accused was the sole breadwinner of his family and is responsible as a caretaker for his paralysed father. The accused was also noted to have no prior criminal record.

The defence counsel reassured the court that the accused is not a flight risk and cannot tamper with evidence, as all material evidence is in police custody and the key witnesses are police officials "who cannot be influenced by a young street vendor of modest means".

The court granted bail to Ubedullah on the conditions that he will cooperate with the investigation, appear for trial when called, not tamper with evidence, not pose a flight risk and will not attempt to influence any witnesses.

Till date, 18 accused have been arrested in connection with the violence near Turkman Gate. On January 14, a separate magisterial court had denied bail to five accused.

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. PTI MDB RT RT