New Delhi: A Delhi court on Tuesday granted anticipatory bail to AAP MLA Amanatullah Khan, saying he prima-facie facilitated an accused in escaping from the “wrongful confinement of police” but it wasn’t an obstruction in the “so-called official discharge of duty”.
Special judge Jitendra Singh said one Shahwez Khan was already on anticipatory
bail in the attempt-to-murder case in which police had gone to arrest him.
“No injury has been caused to any of the police official and taking into account the alleged role of applicant, I am of the opinion that anticipatory bail must not be denied, solely on the basis of criminal antecedents,” the judge said.
The court observed Shahwez was “in real danger of being in continuous wrongful confinement” and, therefore, Khan was protected under Section 35 (right of private defence of body and of property) of Bharatiya Nyaya Sanhita (BNS).
“Even if for the sake of argument, the allegations taken against Khan is taken to be true, the exercise of the right of private defence by the accused Shahwez Khan in escaping from the wrongful confinement and facilitation of the accused Shahwez Khan in exercise of this right by the applicant
does not amount to obstruction in the so-called official
discharge of duty by the police team,” the court said.
Delhi Police registered an FIR against the Okhla MLA in connection with the incident on February 10 and alleged he led a mob while aiding a proclaimed offender, accused in an attempt-to-murder case, to escape from custody.
The alleged incident, police said, occurred when Delhi Police’s Crime Branch attempted to arrest Shabaz.
The court, however,
held Khan deserved anticipatory bail and released him on a bond of Rs 25,000 with one surety in the like amount.
Granting the reprieve, the judge directed Khan to join and cooperate in the investigation whenever summoned by the investigating officer
(IO), not flee from justice, tamper with the evidence, or threaten or contact any prosecution witnesses.
He was further ordered not to leave the country without the court’s permission and
intimate immediately if he changed addresses.