After stone pelting, security forces were deployed at Turkman Gate. File photo- Jagran
Jagran correspondent, New Delhi. Tis Hazari's sessions court has upheld its earlier decision of granting bail to an accused in the Turkman Gate stone pelting case. Delhi High Court had recently canceled the trial court's earlier order granting bail and sent the case for reconsideration.
After hearing the case on Saturday, Additional Sessions Judge Joginder Prakash Nahar heard the bail plea of accused Ubaidullah. The court said that considering the facts and circumstances of the case, prima facie there does not appear to be any connection of the accused with the stone pelting mob or the slogan shouting mob. This will be investigated further. However, keeping the 25-year-old accused in further custody will be of no use.
The accused is accused of being part of the stone pelting and sloganeering mob which pelted stones at policemen while removing encroachment near Faiz-e-Ilahi Mosque.
During the hearing, the accused's advocates AF Faizi and MK Malik argued that Ubaidullah was not part of the mob and had come out of his house to locate his minor sister. He argued that if the court sees the CCTV footage, Ubaidullah had come out of his house to search for his minor sister, which he could not find.
Opposing the bail plea, Additional Public Prosecutor Gyan Chandra Soni argued that the accused knew that Section 163 of the BNS (power to issue orders in cases of trouble or probable danger) was applicable in that area and yet he was involved in the crowd. It also argued that investigation in the case was ongoing and CCTV footage showed that he was present there at the time of the violence. The allegations leveled against him are of a very serious nature.
The court noted that the house of the accused was near the scene of violence and asked the investigating officer to provide more evidence besides the CCTV footage to prove that the accused was part of the mob. The investigating officer replied that his team was examining more CCTV footage to collect more evidence, but the presence of the accused with the mob had already been proved from the statements of eyewitnesses.
20 people have been arrested so far
Remanding the case to the trial court for reconsideration, the high court on January 21 said the court is very cautious in interfering with the liberty granted to an individual, but this is an extraordinary case where an accused, Ubaidullah, was granted bail through a vague and unreasoned order.
The entire matter is related to violence during the removal of encroachment around the mosque on the night of January 6 and 7. During this time, about 150-200 people threw stones and glass bottles at the police and MCD personnel. Six policemen including the SHO were injured in this. So far 20 people have been arrested in connection with the violence.
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