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Turkman Gate violence: After HC direction, court reconsiders, grants bail to man
On January 20, Additional Sessions Judge Joginder Prakash Nahar of Tis Hazari Court had granted bail to Ubedullah, who was accused of rioting, stone pelting and attempt to murder under the Bharatiya Nyaya Sanhita.
A Delhi court again granted bail to a 25-year-old accused in the Turkman Gate stone-pelting case, two days after the High Court had set aside an earlier bail order.
Two days after the Delhi High Court overturned the bail granted by a sessions court judge to a 25-year-old man who was allegedly a part of a mob that had pelted stones on police personnel during a demolition drive near Faiz-e-Ilahi mosque near Turkman Gate earlier this month, the same judge on Saturday again granted the man bail in the case, this time ascribing the reasons for the decision.
On January 20, Additional Sessions Judge Joginder Prakash Nahar of Tis Hazari Court had granted bail to Ubedullah, who was accused of rioting, stone pelting and attempt to murder under the Bharatiya Nyaya Sanhita. The HC had on January 22 overturned the bail plea, noting that the sessions court granted bail “without even a prima facie or brief analysis of the factors which govern adjudication of bail applications” noting that the sessions court order was “cryptic” and unreasoned. It sent the plea back to the sessions court for reconsideration.
On Saturday, Judge Nahar in his order factored in that Ubedullah has no criminal antecedents, was not seen at the site of the offence and was the sole bread winner in the family, staying in Delhi.
“…the prima facie connection of this accused with the stone pelting crowd or slogan shouting crowd is not seen which is further subject to investigation. No useful purpose will be served in keeping this accused further in custody who is submitted to be 25 years of age and has to keep a minor sister at home and his sick father,” the order reasons.
“The accused is claimed to be daily wager… and claimed to be sole bread earner of his family… Accused is not a previous convict and not shown to be involved in any other offence… it is not shown that how the accused can influence police witness or other prosecution witness in the light of his conduct of joining the investigation immediately,” he added.
Earlier this month, the MCD had carried out drive to demolish illegal structures near the mosque, hours after the HC had declined a plea for an interim stay on such action.
Ubedullah is likely to step out of jail after furnishing bail bonds. He is the first of the 18 arrested accused who has been granted bail in the case.
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