A Delhi Court on Thursday granted bail to ex-MLA Asif Mohammad Khan accused of allegedly manhandling and abusing a police officer on duty in the Shaheen Bagh area. He was arrested on November 25 after the alleged incident during an unauthorised meeting.
Additional Sessions Judge Anuj Agrawal granted bail to Mr. Khan on furnishing a bail bond of Rs. 50,000.
The court has imposed a condition on him to report before the SHO concerned every month. He shall also not be involved in the incidents as the present one.
Senior advocates Ramesh Gupta, and Alim Mijaz appeared for Mr. Khan.
It was submitted that the accused is in custody since November 25. He is an Ex MLA. Moreover, the MCD election is over.
His earlier bail was dismissed on November 29. The court said, "The language, actions and conduct of the accused against public servants are to be viewed strictly and is strongly condemned."
Metropolitan magistrate Shikha Chahal, while dismissing the bail plea of Asif Mohammad Khan had said, "There is a dire need to ensure that dignity of police officers is protected so that they can ensure public safety, and conflict between police and public is discouraged as in the present case."
"Police officials have no choice, but to go into situations of danger or conflict and such incidents as in the present case are against rule of law, " the court added.
The court also said that the allegations against the accused are grave in nature, even if the punishment is less than seven years.
The court had noted that the accused is an influential person, who is an Ex-MLA and has a responsibility towards society, but he has committed offences against police officials of PS Shaheen Bagh on the date of the incident and has used derogatory as well as abusive words even against the uniform of the police and threatened SI Akshay in front of his subordinates and local public, which has adverse societal impact and has detrimental effects on the police-community relationship which is critical to maintaining public safety as well as effective policing.
Furthermore, the accused does not deserve any leniency at this stage as the investigation is at the initial stage and the likelihood of a similar incident being repeated cannot be ruled out as the accused has been previously involved in six cams and previously convicted in one matter of similar kind causing obstructions and acting public servant from discharging of their duties, the court had added.
In view of the above-said reasons, the gravity of the offence and the possibility of the accused committing similar offences and threatening the witnesses and tampering with the evidence cannot be ruled out, this Court is not inclined to grant bail in the case at this stage.
It was earlier submitted by the counsel for the accused that the offence of promoting enmity between two groups, is not made out against the accused, as there are no religious communities involved in the matter.
The counsels also submitted that his daughter was contesting elections and his wife is paralysed and bedridden.
The rival candidate of the opposite party gave money to the Maulvi of Tayyab masjid and asked him to convince the people to cast their vote in his favour. The accused opposed this as the code of conduct is in place for MCD election, the counsel argued.
On the other hand, Delhi police opposed the bail and said there are six previous cases registered against the accused.
It is alleged that the accused abused and manhandled complainant SI Akshay who tried to stop the accused from doing a meeting.
It is alleged by Delhi Police that on November 25, 2022, during patrolling in the area police constable noticed a gathering of about 20-30 people in front of Tayyab Masjid.
Police reached in front of Tayyab Masjid where one Asif Mohammad Khan (who is the father of congress MCD Counselor Candidate Ariba Khan) a resident of Thokar No 09, Shaheen Bagh, Delhi along with his supporters was present in front of Tayyab Masjid and addressing the gathering using loud hailer, police alleged.
It is also alleged that when SI Akshay asked Mr. Khan for permission from the Election Commission regarding gathering and addressing the public, he became aggressive and started misbehaving with him. Mr. Khan allegedly used abusive language and manhandled SI Akshay.
In this regard, a case been registered on the Complaint of SI Akshay under IPC Sections 186/353.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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