Delhi High Court Overturns Bail Decision in Turkman Gate Violence Case
The Delhi High Court has overturned the bail granted to a 25-year-old man accused in the Turkman Gate violence case, sending the matter back to the sessions court for reconsideration. This decision came just two days after the sessions court had granted bail, with the High Court noting significant procedural lapses in the initial order.
Details of the High Court's Ruling
Justice Prateek Jalan of the Delhi High Court observed that the sessions court granted bail "in an exceptional case" without conducting a prima facie analysis of the factors governing bail applications. The court described the sessions court's order as "cryptic and unreasoned," emphasizing that while it is cautious about interfering with individual liberty, this case warranted intervention due to the lack of reasoned judgment.
The accused, Md Ubedullah, faces charges under the Bharatiya Nyaya Sanhita for:
- Rioting
- Stone-pelting
- Attempt to murder
Despite being granted bail on January 20, Ubedullah remained in jail as the verification of his bail bonds was pending. Factoring this in, Justice Jalan directed the sessions court to reconsider the bail plea at 10 am on Friday, stating that if bail is granted, the already furnished bonds should be considered.
Background of the Turkman Gate Incident
The case stems from a demolition drive near the Faiz-e-Ilahi mosque at Turkman Gate, where a mob injured police personnel. Earlier this month, the Municipal Corporation of Delhi carried out the demolition after the Delhi High Court declined an interim stay on such action. A total of 18 accused were arrested in this case, with Ubedullah being the first to be granted bail after five others were denied bail last week.
This ruling highlights the judiciary's scrutiny over bail procedures in sensitive cases involving violence and public order. The High Court's intervention underscores the importance of thorough legal analysis in bail adjudications, particularly in matters with significant implications for law enforcement and community safety.
