Amanatullah gets anticipatory bail

A Delhi court on Tuesday granted anticipatory bail to AAP MLA Amanatullah Khan in an alleged attack on a police team in Jamia while conducting a raid.

The Delhi Police had booked Khan on February 10 under Sections 221 (obstructing a public servant from performing their duties), 121(1) [voluntarily causing hurt to any person being a public servant], 132 (assault or criminal force to deter public servant from discharge of his duty), 191(2) [rioting], 190 (unlawful assembly), 263(b) [resistance or obstruction to the lawful apprehension], 351(3) [criminal intimidation] and 111 (organised crime) of the BNS.

Special Judge Jitendra Singh granted anticipatory bail to Khan and also asked him to join the investigation as and when required.

Earlier, the court had granted him protection from arrest from February 14 to February 24.

The Delhi Police had alleged that Khan interfered to which he had no right, facilitating the escape of accused proclaimed offender Shahwez Khan.

However, the accused was out on anticipatory bail.

The court observed that the CCTV footage relied upon by the police, covering 2 pm to 2:29 pm, shows that accused Shahwez Khan was surrounded by two police officials in civilian clothes at 2:07 pm and was gestured to enter a shop at 2:09 pm.

The court had on Monday questioned what was the Delhi Police doing with the man for 20 minutes who had secured anticipatory bail.

The court further noted that the footage does not indicate any attempt by Shahwez to escape, contradicting the FIR’s claims. While the footage beyond 2:29 pm is unavailable due to an alleged power cut, the prosecution has failed to explain why the time of the alleged offence was stated as 2:30 pm to 3 pm by the police team. The accused, Shahwez Khan, was detained at 2:07 pm as is apparently clear in the CCTV footage,” the order read.

The police had sought custodial interrogation on the ground that Khan had denied his presence at the time of the alleged offence and therefore was not cooperating with investigation.

“Even if for the sake of argument, the allegations taken against the applicant 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 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. Therefore, I am of the opinion that applicant Amanatullah Khan deserves anticipatory bail in the instant matter…” it added.