New Delhi: The Delhi High Court has set aside the bail granted to an accused who was allegedly part of the mob that indulged in stone-pelting during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate early this month, and remanded the matter to the trial court for reconsideration.
The trial court had granted bail to Ubedullah January 20.
Friday, Justice Prateek Jalan directed that the bail plea be re-heard Saturday at 10 am, after he was informed that the Principal District and Sessions Judge (PDSJ) concerned had placed the matter before the sessions judge who passed the bail order.
Justice Jalan said if the sessions judge was unavailable for any reason, the PDSJ would either take up the matter herself or assign it to any other judge for consideration.
The order was passed after the counsel for the accused moved an application to inform that the sessions judge who was supposed to hear the bail plea during the day was not available, and the matter was also not taken up by the link judge.
The counsel for prosecution said the matter was subsequently marked by the PDSJ to the sessions judge, who decided the bail plea in the first instance.
The case was taken up by the Ld. ASJ, as assigned by the PDSJ, tomorrow at 10 am. If the learned judge is not available for any reason, the matter may be mentioned before the PDSJ, who is requested to either take the matter herself or assign it to any other ASJ for consideration, Justice Jalan said.
In the event bail is granted, Justice Jalan added, the matter will be listed before the magistrate for verification of bail bonds at 3 pm.
While remanding the case to the trial court for reconsideration, the high court January 21 said it was extremely cautious in interfering with the liberty granted to an individual, but this was an exceptional case where bail was granted to Ubedullah, a street vendor, through a cryptic and unreasoned order.
The court observed that the bail order did not adequately address the arguments of the prosecution, and even a prima facie or brief analysis of the factors which govern the adjudication of bail was absent.
The impugned order is set aside for want of adequate reasons and remanded to the sessions court, the court said in its order passed January 21.
The trial court was then directed to reconsider the bail plea January 23.
To oppose the grant of bail before the trial court, the prosecution had largely relied on CCTV footage and the disclosure of a co-accused, who alleged that Ubedullah was part of a violent crowd that obstructed police, indulged in stone-pelting and caused damage to public property.
The counsel for the accused had, however, said the entire case against him was a fishing expedition.
The case pertains to violence during an anti-encroachment drive near the mosque in the Ramlila Maidan area on the intervening night of January 6 and 7.
The police said rumours were spread on social media that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot.
They said around 150-200 people hurled stones and glass bottles at the police and MCD personnel, injuring six policemen, including the area’s station house officer.
