The Delhi High Court today issued notice to Delhi Police on the bail plea of Asif Mohd Khan (Ex-MLA from Okhla).
A case of abuse of the police personnel has been registered in January this year against Asif Mohammad Khan at Shaheen Bagh Police Station.
Justice Swarana Kanta Sharma issued notice to the Delhi Police and directed them to file reply on the bail plea. The matter has been then listed on March 6 for further hearing.
The senior advocate Ramesh Gupta appeared on behalf of Asif Mohammad Khan and submitted its regular bail application.
His bail was earlier cancelled by the trial court for alleged violation of conditions imposed by the court while granting bail in another similar matter and is pending before another bench of the High Court, the senior advocate submitted.
Asif Mohd Khan has moved a bail application through advocate Shailendra Singh seeking to the regular bail.
On January 4, 2023 it is submitted that, the present FIR was registered at P.S Shaheen Bagh and the petitioner was arrested from his residence on the same day he was produced before the Court and was sent to judicial custody.
It is also being submitted that the Additional Sessions Judge, Saket Court wrongly dismissed the bail application of the petitioner on 28.01.2023.
The petition stated that the petitioner’s arrest is following without the guidelines of Arnesh Kumar Judgment as all offences punishable in the present FIR are punishable up to 3 years of duration and no notice to join an investigation under 41 CrPC that clearly indicates the fact that the police are totally inimical to the petitioner and without caring of the law has arrested the petitioner.
It is alleged by the complainant that constable Dharam Pal attached to the Police Station that he was on duty and was trying to locate a thief in the area as there is a theft.
Furthermore, he was also alleged that he asked one boy about his location of him when he went on the motorcycle. Then later at around 2:10 pm, he came along with the accused Asif Mohd Khan who started abusing the complainant and uttered words about his post, etc and then even tried to agitate the crowd by using derogatory words by which the peace was disturbed in the area.
It was argued that this is totally false claim of the constable as there is no PCR call where any disturbance of peace in the area and/or the crowd which might have collected and would have agitated.
It is also submitted that there is a video of the incident in which he is making specific allegations about the police officials that they are collecting money from the spot. Though he might abuse but no offence of wrongful obstructing the police in the discharge of official duty is made out, yet they registered the 2nd case so that his bail can be cancelled.
The bail cancellation in FIR No 419 of 2022 and was listed on the same day before the ASJ, South East, Saket on 28.01.2023 which was cancelled. The petitioner has also filed a bail application before the High court of Delhi challenging the order of 28.01.2023.
A case under sections 186, 353, 341 and 153 A of IPC has been registered against Khan. He is custody since January 4.
