Tis Hazari Court releases the accused arrested after January’s anti-encroachment clash in the Turkman Gate area; Defence says presence in the crowd alone cannot prove stone pelting charges
NEW DELHI — Twelve men arrested in connection with the January violence near Faiz-e-Ilahi Mosque at Turkman Gate have been granted bail by a Delhi court, subject to strict conditions.
The order was passed on Tuesday by the court of Additional Sessions Judge Bhupinder Singh at Tis Hazari Courts. Each accused has been released on a personal bond of ₹50,000.
The case relates to clashes that broke out on the night of 6 and 7 January in the Turkman Gate area during what authorities claim “anti-encroachment” drive near the mosque. Police had alleged stone pelting and attacks on officials during the operation.
The court made it clear that bail does not mean the case has ended. It imposed five key conditions on the accused:
1. All accused must appear before the trial court on every date of hearing.
2. They must join the investigation whenever called by the police.
3. They must not threaten, influence or offer inducement to any witness.
4. They must not tamper with evidence in any manner, and
5.They cannot leave the country without court permission and must inform the SHO or Investigating Officer if they change their permanent address. They have also been directed to keep their mobile phones switched on and share their numbers with the police, with location services active.
A defence lawyer said outside court, “The court has shown faith in due process. Bail is a right, not a favour. The allegations will be tested during the trial.”
Those granted bail include Mohammad Kaif, Mohammad Kashif, Mohammad Ubaidullah, Mohammad Imran, Mohammad Adnan, Sameer Hussain, Mohammad Naved, Mohammad Athar, Mohammad Arib, Mohammad Adil, Aamir Hamza and Adnan.
All have denied the allegations.
Family members present at court expressed relief. One relative said, “They were picked up after the incident, but being in an area where a crowd gathers does not make someone guilty. We trust the court.”
According to police, rumours spread on social media that the Faiz-e-Ilahi Mosque was being demolished during the anti-encroachment drive. Soon after, a large crowd gathered at the site.
Police claim that between 150 and 200 people were present and that stones and glass bottles were thrown at officers and Municipal Corporation of Delhi staff. Six police personnel, including the local Station House Officer, were reported injured.
A senior police official said, “We registered a case and carried out arrests based on evidence collected during the investigation. The matter is under trial.”
However, defence lawyers have questioned the sweeping nature of the arrests.
The matter has already seen legal turns. On 20 January, the Delhi High Court cancelled the earlier bail granted to accused Mohammad Ubaidullah and sent the matter back to the sessions court for reconsideration. Later, on 24 January, a separate sessions court granted him bail again.
Importantly, the high court had observed that merely being part of a crowd does not automatically amount to committing the offence of stone pelting.
A senior advocate commented, “This observation is significant. In cases involving large gatherings, individual roles must be clearly established.”
Residents of the Turkman Gate area say the incident created fear and confusion.
One shopkeeper said, “There were rumours everywhere that the mosque was being targeted. People gathered in panic. After that, things went out of control.”
Community leaders have urged calm and called for a fair trial. “If someone has committed a crime, let the court decide,” said a local elder. “But no one should be treated as guilty without proof.”
With the latest bail order, the legal process will now continue in the trial court. The prosecution is expected to present its evidence, while the defence prepares to challenge the allegations.
For now, the accused walk free under strict court conditions, and the final decision will rest on what is proved in law — not on rumour or public anger.
