A Delhi court has granted regular bail to Md Ubedullah, an accused in the Turkman Gate stone-pelting case linked to an anti-encroachment demolition drive, after noting that police custody was not required and that he would cooperate with the investigation.
Additional Sessions Judge Joginder Prakash Nahar of the Tis Hazari Courts passed the order on January 20, granting bail to the accused, who had been in judicial custody since January 8.
“Keeping in view the facts and circumstances of the case, accused is entitled to bail in this matter,” the court said.
Granting bail, the court directed: “Accordingly, the applicant/accused, Md Ubedullah, is granted bail on personal bond of Rs 25,000 with one surety in the like amount, to the satisfaction of Ld. JMFC/Link JMFC/Duty JMFC subject to the following conditions….”
The court also recorded that continued custody was unnecessary. “It is noted that police custody of this accused is not required. It is submitted for the accused that the accused will cooperate during the investigation and will observe the conditions granted for him,” the order stated.
Also read: Turkman Gate violence: 12th accused arrested, security tightened
The stone-pelting incident took place during an anti-encroachment demolition drive carried out by the Municipal Corporation of Delhi near Faiz-e-Elahi Masjid, close to Ramlila Maidan, pursuant to directions of the Delhi High Court.
Appearing for the accused, advocate A.F. Faizi submitted that his client’s residence was barely 50 metres from the site of the incident and that his presence in the area was natural. He argued that the prosecution had relied on a photograph which merely showed the accused near his house.
It was further submitted that no video footage or call detail records had been produced to establish the accused’s involvement at any other location. The defence also said the accused was the sole breadwinner of the family and the only son caring for his paralysed father.
The bail plea was opposed by Additional Public Prosecutors Atul Shrivastava and Gyan Chandra Soni, who argued that the application should have been moved before a magistrate in view of the charge of attempt to murder under Section 109 of the Bharatiya Nyaya Sanhita (BNS).
Rejecting this contention, the court observed: “It is not in dispute that Section 307 IPC/Section 109(1) of BNS, 2023 contains the offence which is exclusively
triable by the Court of Sessions.”
Delhi Police have registered the case at Chandni Mahal police station under multiple provisions of the BNS and Section 3 of the Prevention of Damage to Public Property Act.
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