Turkman Gate Violence: Delhi High Court sets aside bail granted to accused

The Delhi High Court has 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.

A bench of Justice Prateek Jalan remanded the matter back to the sessions court as the bail order was set aside for want of adequate reasons.

State filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against an order of the Sessions Court by which regular bail was granted to the accused in FIR registered under Sections 221, 132, 121, 191(2), 191(3), 223(a), 109(1), 49, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3 of the Prevention of Damage to Public Property Act, 1984.

Sanjeev Bhandari, Additional Standing Counsel for the State, told the High Court that the Sessions Court had not assigned any reasons for grant of regular bail and the proceedings arose out of very serious allegations.

High Court's attention was drawn to the reply filed by the prosecution in response to the bail application, which refers to several persons having sustained injuries, and to the fact that the police team was compelled to fire 124 shells of tear gas in order to control the situation.

Justice Jalan noted that the impugned order did not adequately address the arguments of the parties. "Most of the contents consist of recording of submissions, without even a prima facie or brief analysis of the factors which govern adjudication of bail applications. Even if paragraph 3 of the impugned order is read to accept that the presence of the respondent in the vicinity was natural, the contents of the reply filed by the State, and the contentions recorded in paragraphs 6 and 7 have not been adequately addressed by the learned Sessions Court. While the Court is extremely cautious in interfering with liberty granted to an individual, the present case falls within one of the exceptional cases in terms of the aforesaid judgments, as the impugned order is cryptic and unreasoned", it noted.

A Delhi Court on January 12, 2026 had sent Ubaidullah, Mohammad Naved, and Mohammad Faiz to 11-day judicial custody for their alleged involvement in the violence that erupted during a demolition drive near Faiz-e-Elahi mosque in the Turkman Gate area. The accused were produced before Duty Judicial Magistrate Kartik Taparia of the fast-track court, who remanded them to custody till January 21.

The trio was accused of pelting stones near the mosque during the Municipal Corporation of Delhi (MCD)’s anti-encroachment drive, which turned violent. The police said that 150–200 people were allegedly involved in throwing stones and glass bottles at police and MCD officials, leaving six police personnel injured, including the station house officer of the area.

According to reports, the violence may have been triggered by a misleading social media post that falsely claimed the mosque was being demolished during the drive, leading to the crowd gathering and attacking officials.

Officials from the MCD clarified that the mosque was not damaged and that the drive was aimed solely at removing illegal encroachments. MCD Deputy Commissioner Vivek Kumar said that about 36,000 square feet of encroached land was cleared during the operation, which lasted through the night. The demolished structures included a diagnostic centre, a banquet hall, and two boundary walls, Kumar added.

Previously, the Court had remanded eight accused to 12 days of judicial custody in connection with the violence. The accused: Afaan, Adil, Shahnawaz, Amir Hamza, Ubadullah, Atharr, Mohammad Imran and Mohammad Imran, were produced before Judicial Magistrate Sayesha Chada of Tis Hazari Court who had been remanded them to judicial custody till January 21.

The violence broke out during an anti-encroachment drive carried out by the Municipal Corporation of Delhi near the Faiz-e-Elahi mosque in the Ramlila Maidan area on the intervening night of Tuesday and Wednesday. According to police sources, a social media post alleging that the mosque was being demolished led to large-scale mobilisation in the area. Police claimed that around 150 to 200 people pelted stones and glass bottles at police personnel and MCD workers, injuring six officers, including the local station house officer.

Case Title: STATE vs. MD. UBEDULLAH

Bench: Justice Jalan

Order Date: January 22, 2026