New Delhi [India], March 20 : The Delhi High Court on Monday granted interim bail to ex-MLA Asif Mohd Khan from Okhla in two cases of allegedly abusing police personnel subject to the condition he would provide his service at an adult education centre three days in a week and would mend his ways.
The high court imposed the condition after noting that he is Jamia Millia Islamia Alumni.
Justice Dinesh Kumar Sharma granted interim bail on the condition that he would mark his presence before the SHO police station Shaheen Bagh on every alternate day and will go there individually without any supporters.
The Second condition imposed that he will approach the member secretary of DSLSA on March 27 and would request him to render service at an adult education centre run by any recognised NGO thrice a week for two hours.
The third condition the bench imposed is that if the petitioner is found to be indulged in a similar offence, the state would be at liberty to seek cancellation of his interim bail.
The matter has been listed on September 6 for further hearing to see whether the petitioner mends his ways.
"He has remained an MLA and his daughter is an MCD counsellor if he uses such abusive language, what other people will do," the bench noted.
The bench also noted that the bail of the petitioner was cancelled by the trial court after the registration of the present FIR on January 28.
The bail was cancelled in view of the condition imposed by the court in the earlier matter that he would not be indulged in offences of similar nature.
The bail plea of the petitioner in the present FIR was also rejected by the trial court.
A case of alleged abuse of police personnel has been registered against him in January this year at police station Shaheen Bagh.
Earlier a similar case was registered against him in November 2022.
Senior advocate Ramesh Gupta appeared on behalf of Khan and submitted that he is an ex-MLA and has been acquitted in all cases registered between 1994 till 2008.
He is an educated person and an alumnus of Jamia Milia Islamia. He is in custody for 75 days.
Senior advocate also submitted that there is only one section 353 of IPC that is non bailable and that is not made out against the petitioner.
On the other hand, the Additional public prosecutor (APP) opposed the bail pleas and submitted that the Petitioner is a repeated offender. There is sufficient digital evidence against the accused.
If he is granted bail, it will send a wrong message to society and he would be engaged in a similar offence.
On asked by the court the APP submitted that if the court grants him bail, stricter conditions may be imposed.
Asif Mohd Khan moved a bail application through advocate Shailendra Singh seeking regular bail.
It was submitted that on January 4, 2023, 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 was alleged by the complainant 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.
He also alleged that he asked one boy about his whereabouts 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 because of which the peace in the area was disturbed.
A case under sections 186, 353, 341 and 153 A of IPC was registered against Khan on January 4, 2023.
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