Turkman Gate: Court Grants Bail to Accused in Stone Pelting Case, Says 'Police Custody Not Required'

New Delhi: The Tis Hazari court on Tuesday granted regular bail to an accused arrested in the Turkman Gate stone pelting case. The court granted bail to the accused, Md Ubedullah, after noting that the prosecution did not require him to be held in custody. He was sent in judicial custody on January 8.

Additional Sessions Judge (ASJ) Joginder Prakash Nahar granted bail to Md Ubedullah, subject to certain conditions. The court said, keeping in view the facts and circumstances of the case accused is entitled to bail in this matter.

"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...." ASJ Nagar ordered on January 20.

"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 court said in the order.

Advocate AF Faizi, counsel for the accused, submitted that the residence of the accused is about 50 meters away from the place where the incident took place and that he has not committed an offence in the present case.

The stone pelting incident occurred during an anti-encroachment demolition drive conducted by the MCD near Faiz-e-Elahi Masjid, close to Ramlila Maidan, following directions from the Delhi High Court.

It was also submitted that the prosecution had filed a photo, which they claimed showed the accused. Advocate AF Faizi submitted that the accused is shown just near his house in the photograph, noting that it is natural for the accused to be present there.

It was submitted on behalf of the accused that no video of the accused at any other place than the place near the house, nor any Call Detail Record (CDR) has come on record showing his involvement in the incident.

It was also submitted that he is the only bread earner of his family. He is the only son to look after his paralysed father.

Additional Public Prosecutor (APP) Atul Shrivastava alongwith APP Gyan Chandra Soni, opposed the bail application on the ground that it is required to be filed before the magistrate in case of attempt to murder (Section 109 BNS).

This submission was opposed by the counsel for the accused, who submitted that the offence of attempt to murder is exclusively triable by a court of sessions.

The court noted, “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.”

The court noted the submissions by APP for the state that this accused was involved under Section 149 IPC/190 of BNS.

Delhi Police had lodged a case under sections 221, 132, 121, 191(2(3), 223(4), 109(1), 49, 3(5) BNS and Section 3 of the Prevention of Damage to Public Property Act. An FIR was lodged at Police Station Chandani Mahal.

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