A Delhi court on Tuesday granted bail to 12 people who were held for alleged indulgence in violence during a demolition drive near the Faiz e llahi mosque in Turkman Gate last month.
The court observed a lack of footage that highlights the role of the accused and also the lack of injuries that were grievous in nature to the victim police officer. The court also observes the absence of substantive damage to public property.
The court 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 furnishing a personal bond of ₹50,000 each.
“…no specific footage was played before this court during the course of the hearing to prima facie demonstrate clear and unmistakable identification of any of the present applicants as actively participating in stone pelting or committing any specific overt act,” ASJ Singh said.
“The principle of parity, therefore, also weighs in their favor,” the court said.
“Pre-trial detention is not meant to serve as punishment,” the court said.
The court observes that “the absence of demonstrative identification at this stage assumes relevance for the limited purpose of assessing the necessity of further incarceration, particularly where identity and individual role are in dispute.”
Twenty people in total were arrested by the Delhi Police for their alleged involvement in the violence following the anti-encroachment drive, which unfolded near the Faiz-e-Elahi mosque, which falls in the Ramlila Maidan area. The incident occurred in the intervening night of January 6 and 7.
Ahead of the incident, an FIR was registered under Sections 221, 132, 121, 190, 191(2), 191(3), 223(4), 109(1), 238, 49, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), read with Section 3 of the Prevention of Damage to Public Property Act, 1984.
