New Delhi, April 6 A Delhi court on Monday rejected the anticipatory bail plea of a key accused in connection with a stone-pelting incident during a demolition exercise near the Faiz-e-Elahi mosque in Turkman Gate in January.
Additional Sessions Judge Shilpi Jain dismissed the second anticipatory bail application of Sajid Iqbal, who has been accused of inciting the crowd on the night of the incident.
Earlier on January 21, a separate sessions court dismissed the first anticipatory bail application moved by Iqbal on the grounds that the investigation was at a very preliminary stage and the offence was of a "serious nature".
In an order dated April 6, the judge said, "Considering the gravity of the offence and the seriousness of the allegations levelled against the accused, the conduct of the accused in not cooperating with the investigating agency, the fact that custodial interrogation of the accused is required for a detailed investigation to ascertain the motive behind the alleged offence… this Court is not inclined to enlarge the accused Sajid Iqbal on anticipatory bail at this stage."
The court relied on the disclosures made by the investigating officer (IO) and the prosecution. It noted that despite joining the investigation, accused Iqbal had not cooperated with the investigating agency.
It noted that he was required for custodial interrogation to ascertain his motive behind leading the mob very aggressively.
Furthermore, the court found that the motive of the accused to stop the lawful work of the agencies was yet to be investigated and the investigating team was yet to ascertain the identities of the people behind him.
The court also mentioned the "finding force" in the prosecution's arguments. The prosecution had additionally raised the point that parity of bail does not apply in Iqbal's case as his role is different from that of the other co-accused already enlarged on bail.
During court proceedings, video evidence was submitted which showed Iqbal going towards the mosque, removing the police barricade and gathering the crowd across the barricade with hand gestures.
An FIR had been registered in this case under sections 221 (obstructing Public Servant), 132 (using criminal force to deter public servant from discharge of his duty), 121 (voluntarily causing hurt or grievous hurt to a public servant), 190 (vicarious liability in unlawful assembly), 191(2)(3) (rioting), 223(4) (disobedience to order duly promulgated by public servant), 109(1) (attempt to murder), 238 (intentional destruction of evidence or providing false information to screen an offender), 49 (abetment of crime) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), and section 3 (mischief by damaging public property) of Prevention of Damage of Public Property Act.
As of date, 20 accused persons have been enlarged on regular bail in this case. On February 28, Additional Sessions Judge Bhupinder Singh granted bail to the last accused person in judicial custody in this case.
The first case of bail was granted on January 24, when a separate sessions court granted bail to Ubaidullah after the first bail order of January 20 was set aside and sent back to the sessions court by the Delhi High Court.
The case pertains to a confrontation with police and authorities during an anti-encroachment drive near the mosque in the Ramlila Maidan area on the intervening night of January 6 and 7. Twenty people had been arrested in connection with the case.
The police said rumours were spread on social media that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot.
It has been alleged that around 150-200 people hurled stones and glass bottles at the police and Municipal Corporation of Delhi (MCD) personnel, injuring six policemen, including the area's station house officer.