Aam Aadmi Party member of legislative assembly Amanatullah Khan, arrested for allegedly threatening a woman after she visited his residence to raise the issue of power cuts, was on Thursday granted bail by a Delhi court with a warning that he shall neither contact nor threaten the complainant in the case.
The court also directed the Okhla MLA, who was in judicial custody since Tuesday, not to create any law and order problem in the area and further not to incite his supporters to indulge in any criminal activity.
“Considering the facts, nature of allegations levelled against the accused, Amanatullah Khan is admitted to bail on furnishing a personal bond of Rs 50,000 with one surety of like amount to the satisfaction of the concerned magistrate and with the condition that he shall join investigation as and when required by the investigative officer.
“He shall not directly of indirectly contact complainant and threaten or intimidate her. He shall not try to influence prosecution witnesses or tamper with the prosecution evidence. Accused is directed not to create any law and order problem in the area and further not to incite his supporters to indulge in any criminal offence,” Additional Sessions Judge Raj Kumar Tripathi said.
The court, after hearing the arguments for nearly an hour, ordered the release of the MLA, while noting that the 35-year-old complainant, who had alleged that Khan tried to run his car over her, has already been provided adequate protection by the police and ‘thus, there is no possibility of him tampering with the prosecution evidence or influencing the witnesses’.
The judge also said, “The accused is a public servant and sitting MLA. He has deep roots in the society. There is no possibility of his absconding or fleeing from justice or not facing trial in the case. He is not required for custodial interrogation,” while noting that Khan had earlier been remanded to two days police custody.
According to the police, on July 22, the woman had recorded her statement before a magistrate under Section 164 of the Code of Criminal Procedure alleging that when she was returning from the MLA's residence, a vehicle, in which Khan was sitting, tried mowing her down.
She also claimed that a motorcycle tried to run over her when she was on her way to the court to record the statement.
Prior to that, she had on July 19 filed a complaint with police alleging that at the AAP MLA’s residence in Jamia Nagar, a youth had on July 10 abused her and threatened that she would be killed if she did not stop politicising the matter.
Khan had moved the session court seeking bail after a magisterial court sent him to 14-day judicial custody on the ground that he might influence witnesses and hamper investigation, if released.
Seeking bail for the accused, senior advocate H S Phoolka submitted that Khan had been falsely implicated by the woman and the complaint was motivated.
Opposing the bail plea, special public prosecutor Rajeev Mohan said that the woman was harassed and portrayed as extortionist by the accused in a press conference after she lodged a first information report against him.
He further said other accused persons who threatened and abused her, were yet to be identified.
The court, however, granted the relief to the accused, saying only for the purpose that the other accused persons who are alleged to be involved in the case are to be identified and arrested, he cannot be kept in custody for indefinite period.
The woman, a resident of Jasola, had said that she had telephoned Khan on July 10 and later went to his Batla House residence to raise the issue of power cuts with him after which she was allegedly threatened by the youth.
An FIR was subsequently registered in this regard under sections 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code.
After her statement to the magistrate, Section 308 (Attempt to commit culpable homicide) of the IPC was added to the FIR. Khan had, however, said he did not even know if the woman came to his residence.
