A Delhi court has granted bail to six men accused of pelting stones during unrest that broke out amid a demolition drive near the Faiz-e-Elahi mosque in the Turkman Gate area last month, PTI reported.
Additional Sessions Judge Bhupinder Singh allowed the bail pleas of Mohammad Faiz, Mohammad Affan, Mohammed Imran, Shahzad, Mohammad Imran and Mohammad Faheem on furnishing a personal bond of Rs 50,000 each along with one surety of the like amount.
In an order dated February 25, the court said it had weighed the seriousness of the allegations against the constitutional right to personal liberty under Article 21. It cited the accused persons’ age, clean antecedents, time spent in custody, parity with co-accused already released on bail, and the fact that their custodial interrogation was no longer required.
The court noted that video footage submitted by the prosecution did not clearly establish the identity of the accused as their faces were not distinctly visible. A forensic examination to determine identity is still underway, it said.
Observing that the men were not arrested at the scene but later during investigation, the court said mere presence in a gathering, without specific material showing active participation, was insufficient to justify continued pre-trial detention.
The judge also referred to an earlier order dated February 17 granting bail to 12 other accused in the same case, stating there were no distinguishing circumstances to deny similar relief.
The court said bail is meant to secure an accused’s presence during trial and cannot be denied solely due to the severity of the alleged offence. It added that pre-trial detention should not become punitive and must be justified by necessity.
The court further said the accused, being local residents, were unlikely to abscond. With the investigation complete, a chargesheet filed, and witnesses largely comprising police personnel, the possibility of evidence tampering was minimal. It also noted that the law and order situation in the area had normalised.
As part of the bail conditions, the accused have been directed to keep their mobile phones switched on with location services enabled, refrain from sharing content related to the incident, avoid activities that may disturb public order, and not tamper with evidence.
The case relates to clashes that erupted on the intervening night of January 6 and 7 during an anti-encroachment drive near the mosque in the Ramlila Maidan area. Police have alleged that rumours circulating on social media about the demolition of a mosque near Turkman Gate led to a gathering of 150–200 people, who allegedly hurled stones and glass bottles at police and municipal officials, injuring six personnel, including the station house officer.