Delhi High Court grants interim bail to Former Congress MLA Asif Mohd Khan

The Delhi High Court on Monday 'granted interim bail' to Former MLA Asif Mohd. Khan in two FIRs registered at Shaheen Bagh police station for allegedly abusing police personnel on a personal bond of Rs. 50,000 in each case, with one surety of like amount.

While granting interim bail, Justice Dinesh Kumar Sharma noted that Khan was an Alumni of Jamia Milia Islamia University and imposed certain conditions:

• He shall mark his presence before the SHO police station Shaheen Bagh on every alternate day, and is directed to go there alone without any supporters.
• He shall approach the member secretary of DSLSA on March 27 and request him to render service at the 'Adult Education Centre' run by any recognized NGO three days a week for two hours.
• He shall not indulge in a similar kind of offence again, and in case he is found indulging again then the State would be at the liberty to seek cancellation of his interim bail.

During the hearing, Senior Advocate Ramesh Kumar Gupta appearing for Khan contended that he is in custody for more than 75 days and has been acquitted in all the cases registered against him in 2008/2009. “Now his daughter was contesting elections, he was holding a meeting, the IO came in and asked if Khan had permission. He was not required to have permission. There is no law. After that one case was registered”, Gupta submitted.

“Secondly, he was trying to prevent a police officer, who was helping an encroacher, he just abused him. That’s all. Then a case was registered”, he added. Gupta also submitted that initially there was one FIR No. 419/2022 in which he was granted bail, with a condition that Khan will not commit similar offences. Thereafter, Khan was alleged to have committed a similar offence and so his bail was canceled.

The single-judge bench noted that initially the petitioner was granted bail in FIR No. 419/2022 registered under Section 120, 186, 353 of IPC vide order dated December 8, 2022. Subsequently, another FIR No. 9/2023 was registered against Khan under Section 1126, 353, 341, 153A of IPC and it was alleged that he obstructed in discharging the public duties and abused the public servant. Court also noted that the petitioner incited the public against the police.

While granting interim bail to Khan, Justice Sharma remarked, “He (Khan) has remained an MLA and his daughter is an MCD counselor if he uses such abusive language, what other people will do”. The court listed the matter for further hearing in September.

Case Title: Asif Mohd. Khan v. State of NCT of Delhi (another connected matter)

Statue: The Code of Criminal Procedure; The Indian Penal Code