Turkman Gate Stone-Pelting Case: Delhi Court Grants Bail To 12 Accused, Flags Gaps In Video Identification

Additional Sessions Judge (ASJ) Bhupinder Singh allowed the bail applications after hearing submissions from counsel for the accused and the Delhi Police.

The FIR in the case was registered at Chandni Mahal police station in January.

The court granted bail to Mohammed Imran, Mohammed Adnan, Adnan, Mohammed Naved, Mohammed Ubaidullah, Amir Hamza, Mohammed Aadil, Sameer Hussain, Mohammed Athar, Mohammed Kaif, Mohammed Kashif and Mohammed Areeb on a personal bond of ₹50,000 each with one surety of the same amount. Several conditions were imposed, with the court clarifying that any violation would entitle the prosecution to seek cancellation of bail.

While granting relief, the court made pointed observations on the quality of evidence and identification. It noted that the incident arose during a pre-planned and sensitive demolition drive where resistance or confrontation was reasonably foreseeable. In such situations, the court said, objective and technology-assisted documentation becomes crucial.

Despite the prosecution’s claim that the incident was videographed by independent cameramen and drones, the court found that the identities and specific acts attributed to the accused were not “squarely covered” by the material placed on record, leaving scope for questioning.

The court underlined the need for better technological safeguards, observing that the use of good-quality body-worn cameras by police personnel and activation of CCTV surveillance at strategic locations would substantially aid accurate identification, enhance transparency and reduce future disputes. Relying solely on hired cameramen or drone operators, who themselves may be vulnerable during violent incidents, was found inadequate.

Judge Singh further stressed that when the alleged victims are police personnel and the investigating agency belongs to the same establishment, the obligation to ensure transparency, objectivity and demonstrable fairness becomes even more imperative. “The credibility of the criminal justice system rests not merely on securing convictions, but on ensuring that the process is manifestly fair,” the order noted.

During the hearing, defence counsel questioned the identity and presence of the accused at the scene. Advocate M. Asad Beig, appearing for Kaif, Kashif and Areeb, argued that the accused were apprehended around 3 am on January 7, several hours before the FIR was registered at 10.07 am. It was submitted that CCTV footage showed Kaif at home during the relevant period, while Areeb was allegedly present at Chitli Qabar, about 1–2 kilometres away from the incident site.

Counsel for Adnan submitted that he was apprehended from his residence around 1.30 am and was not visible in the CCTV footage relied upon by the police.

The Delhi Police, however, opposed the bail pleas. The prosecution argued that the anti-encroachment drive near Masjid Faiz-e-Elahi was conducted pursuant to orders of the Delhi High Court, and that prohibitory orders had been issued in advance. It was alleged that the accused were involved in stone-pelting and instigating others, with reliance placed on WhatsApp messages, videos and CCTV footage. The police have invoked Section 307 (attempt to murder) of the IPC along with other offences.

After considering the rival submissions, the court held that the material on record did not justify continued incarceration at this stage and granted bail to all 12 accused, subject to strict compliance with the conditions imposed.

In a related news, the Delhi High Court had set aside the bail granted to an accused in the violence which broke out during an anti-encroachment drive carried out by the Municipal Corporation of Delhi near the Faiz-e-Elahi mosque, Turkman Gate, in the Ramlila Maidan area. Ubedullah, the accused, was a participant in a mob which attacked and injured public officials, including police officers, while they were engaged in the removal of illegal encroachments/constructions around Faiz-e-Ilahi Masjid/Badi Masjid, Turkman Gate, Delhi, pursuant to directions of the High Court.