Delhi: Bail for Amanatullah Khan day after arrest

Metropolitan magistrate (MM) Himanshu Tanwar in the bail order also noted that the police had not mentioned a reason for apprehending the legislator and five others

A Delhi court on Friday granted bail to the Aam Aadmi Party’s (AAP) Okhla MLA Amanatullah Khan, arrested a day ago on charges of rioting and obstructing public servants from discharging their duty during an anti-encroachment drive, noting that there is “negligible chances” of him absconding.

AAP MLA Amanatullah Khan (HT Archive)

Metropolitan magistrate (MM) Himanshu Tanwar in the bail order also noted that the police had not mentioned a reason for apprehending the legislator and five others.

Advocate Mohammad Irshad, who appeared for Amanatullah Khan, said the five suspects were also granted bail in separate orders.

The judge also said that there are few chances of Khan influencing witnesses, as the alleged victims are police officers themselves. He said that as an MLA, it was expected that Khan would make efforts to maintain the law and order.

“The fact that accused is no longer required for custodial interrogation, and considering a submission made on behalf of the accused and above stated facts and circumstances, application moved by the IO for judicial custody of the accused is hereby rejected and accused Amantullah Khan is granted bail,” the judge said.

The court also noted that the victims received no grievous injuries and said, “It is a fact that the accused person was carrying no weapons/ arms with him”.

The judge directed the AAP MLA not to tamper with evidence in the case, not to obstruct any public official in discharge of their public duty and shall not deliberately or intentionally act in a manner which may tend to delay the investigation and trial of the case.

It also directed him not to leave the country without the court’s permission.

Khan, along with five others, was arrested on Thursday in connection with a case registered at Kalindi Kunj Police station for allegedly obstructing public officials from discharging their official duty during a demolition drive in the Kanchan Kunj area near Madanpur Khadar.

He was produced before the duty magistrate on Thursday, who sent him to one-day judicial custody till Friday.

During the proceedings on Friday, the police sought 14 days of judicial custody for Khan, contending that he was involved in similar offences and he may influence the witnesses or disturb peace, if released on bail.

The prosecutor also argued that the matter is still pending for investigation and the probe is at an initial stage.

Khan’s counsel, senior advocate Ramesh Gupta, opposed the judicial remand application, arguing that his client had not done anything illegal, and was at the spot to lodge a protest without any arms.

In a statement released on Friday after Khan was granted bail, the AAP said, “Truth and justice prevailed over the BJP’s bigotry”.

While Khan did not respond to requests for comment, his wife Shafia Khan, in a tweet from his account, said, “The nefarious intentions of the BJP have been given a slap by the judiciary.”