All 12 accused in Turkman Gate violence case get bail

Acity court on Tuesday granted bail to all 12 accused in the Turkman Gate violence case, observing that the available camera footage did not clearly identify them as participants in the mob that pelted stones at police and municipality personnel.

Additional Sessions Judge Bhupinder Singh of the Tis Hazari Courts granted bail to Mohammad Kashif, Mohammad Kaif, Mohammad Ubaidullah, Mohammad Imran, Mohammad Adnan, Sameer Hussain, Mohammad Naved, Mohammad Athar, Mohammad Areeb, Amir Hamza, Mohammad Aadil, and Adnan on a bond of ₹50,000 each.

The court said that an in-depth evaluation of evidence was not required at this stage and continued detention of the accused looked unnecessary. The case relates to clashes that broke out during an anti-encroachment drive near Faiz-e-Ilahi mosque in the Ramlila Maidan area on the intervening night of January 6 and 7. The violence erupted after rumours on social media that a mosque opposite Turkman Gate was being demolished.

According to the police, a mob of around 150-200 people hurled stones and bottles at them and Municipal Corporation of Delhi personnel, injuring six policemen, including a Station House Officer.

‘No specific footage’

Opposing the bail pleas, the prosecution said the incident had been captured through drone surveillance. However, the court noted that no specific footage was presented during the hearing to establish the clear identification of any of the applicants as active participants in stone-pelting or any other specific overt act. The judge also suggested that deploying high-quality body-worn cameras and CCTV cameras during sensitive operations such as demolition drives would aid accurate identification and enhance transparency.

Addressing the charge of attempt to murder under Section 109(1) of the Bharatiya Nyaya Sanhita, the court acknowledged the seriousness of the offence but observed that the medical files currently on record did not describe any of the injuries sustained by police personnel as grievous in nature.

‘Bail cannot be refused’

“Seriousness alone cannot be the only reason to deny bail… Bail cannot be refused because the offence alleged carries a severe punishment. Pre-trial detention is not meant to serve as punishment,” the court said.

Balancing the gravity of allegations with the fundamental right to personal liberty, the court said no purpose would be served by keeping the accused behind bars during the pendency of the trial.

“Where the alleged victims are police personnel and the investigating agency is drawn from the same establishment, the duty to ensure transparency, objectivity and demonstrable fairness becomes even more imperative,” it said.