AAP leader Somnath Bharti, who was arrested on Thursday in connection with the AIIMS boundary wall dispute case, was granted bail by a Delhi court which ruled that chances of the legislator fleeing from justice was remote and he deserved the relief.
Meanwhile, a Delhi court on Thursday granted bail to AAP MlA Amanatullah Khan, who was arrested in connection with a sexual harassment case filed by his sister-in-law, after the investigator said he was not required for custodial interrogation.
Metropolitan Magistrate Anuj Aggarwal allowed the bail plea of Bharti while rejecting an application moved by the Delhi Police seeking 14-day judicial remand for him.
Bharti was produced before the court following his arrest this afternoon.
“Considering facts and circumstances and nature of the offence and the fact that he is an MlA and a member of bar and therefore, chances of his fleeing from justice are remote, I am not inclined to send him to judicial custody and he deserves to be granted bail,” the magistrate said while asking him to join the probe and not influence witnesseses.
In his order, he said, “On perusal of record, in my view Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the IPC is not attracted at present since the security guards who were allegedly assaulted, do not fall within the ambit of public servant.”
The court said of the provisions for which Bharti was booked, there were only two non-bailable offences — section 353 of IPC and section 3 (mischief causing damage to public property) of the Prevention of Damage To Public Property Act.
During the hearing, police sought to remand the MlA in judicial custody saying that being a member of the legislative assembly of ruling party, he may threaten witnesses and hamper the probe, if bail was granted.
Advocate Vijay Aggarwal, representing Bharti, opposed the police plea for judicial custody saying the accused was falsely implicated out of political vendetta.
The counsel also claimed that police arrested Bharti to prevent him from representing another arrested party MlA Amanatullah Khan before the court.
Bharti was arrested by a police team from Malviya Nagar this afternoon and taken to Hauz Khas Police Station where the case was registered against him on September 11. The case was registered on the basis of a complaint filed by chief security officer of AIIMS RS Rawat.
Metropolitan Magistrate Vijeta Singh Rawat gave the relief to the politician on a personal bond of Rs 35,000 and a surety of the like amount and asked him not to contact the complainant or threaten her to take back the complaint.
“He shall not in any manner whatsoever interfere in the ongoing probe, the court said, adding that whenever he is required in the police station, he will join and not come along with his supporters.
While imposing certain conditions on him, the court said that if violated, the investigating officer (IO) will be at liberty to approach the court for cancellation of Khan’s bail.
“Prima facie from the allegations, it appears that section 498A of IPC as such is not made out against the accused as there is no evidence for any demand of dowry or regarding mental/ physical cruelty perpetrated by him on the complainant.
“The primary allegations against him are of section 354 IPC which are of year 2011-2012. However, there are allegations of section 509 IPC which may be recent in nature,” the court said.
The court passed the order after the IO said that the politician was not required for custodial interrogation and the probe regarding him was complete.