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The Delhi High Court judge said this was an “exceptional” case where bail was granted to Ubedullah, a street vendor, through a “cryptic and unreasoned” order.
The Delhi High Court reportedly set aside the bail granted to an accused who was allegedly part of the mob that indulged in stone-pelting during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate in the national capital early this month.
According to news agency PTI, Justice Prateek Jalan remanded the case to the trial court for reconsideration.
He said that while the court was extremely cautious in interfering with liberty granted to an individual, this was an "exceptional" case where bail was granted to Ubedullah, a street vendor, through a "cryptic and unreasoned" order.
The trial court had granted bail to Ubedullah on January 20.
Justice Jalan said the bail order did not adequately address the prosecution's arguments, and even a prima facie or brief analysis of the factors which govern the adjudication of bail was absent.
The impugned order is set aside for want of adequate reasons and remanded to the sessions court, the court said in its order passed on January 21.
The trial court will reconsider the bail plea on January 23.
What's the case?
The case pertains to violence during an anti-encroachment drive near the mosque in the Ramlila Maidan area on the intervening night of January 6 and 7.
Tensions had broken out in the Turkman Gate area of Delhi, with at least five police personnel sustaining injuries after stone pelting during a demolition drive near a century-old mosque.
Police said rumours were spread on social media that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot.
They said around 150-200 people hurled stones and glass bottles at the police and MCD personnel, injuring six policemen, including the area's station house officer.
The demolition was allegedly being carried out despite the Delhi High Court issuing notice on a petition filed by the managing committee of Faiz-e-Elahi Masjid.
The petition had challenged the MCD decision to remove alleged encroachments from land adjoining the mosque and the graveyard at Ramlila Maidan.
Seeking quashing of the MCD order, the managing committee said the property in question is being used by it and it is paying lease rent to the waqf board.
What happened in court earlier?
To oppose the grant of bail before the trial court, the prosecution had largely relied on CCTV footage and the disclosure of a co-accused.
It was alleged that Ubedullah was part of a violent crowd that obstructed police, indulged in stone-pelting and caused damage to public property.
The counsel for the accused had, however, said the entire case against him was "a 'fishing expedition'.
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