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The court noted that the allegations by the police that Khan was facilitating the escape of “Shahwej Khan does not seem to carry weight as he (Shahwej Khan) was already on anticipatory bail in the case in which allegedly police had gone to arrest him”.
The Rouse Avenue Court, on Thursday, granted interim relief to AAP MLA Amanatullah Khan in an application seeking bail.
Special Judge Jitendra Singh observed that, “This Court is of the considered opinion that applicant has made out a case for interim protection till the next date of hearing. In the meanwhile, the applicant is directed to join the investigation as and when required by the Investigating Officer. The IO is directed to procure and produce the CCTV Footage in an around the place of incident for determining the nature and gravity of the allegations”.
During the hearing, the court examined the allegations. It was stated that on February 10, 2025, at 3:00 PM, a police team attempted to arrest Shahwez Khan when Amanatullah Khan and a group of 20 to 25 individuals intervened. The police alleged that they obstructed official duties and engaged in a scuffle, ultimately enabling Shahwez Khan to escape. Based on these allegations, an FIR was registered at Jamia Nagar Police Station under various sections of the BNSS, 2023.
Advocate Rajat Bhardwaj, for Khan, contended that the police’s intent was malafide, as they attempted to arrest an individual who was already on anticipatory bail. He emphasized that Amanatullah Khan was a sitting Member of the Legislative Assembly from the Okhla constituency, and there was no risk of him fleeing or evading legal proceedings. Advocate Bhardwaj assured the court that Khan was willing to cooperate with the investigation and sought anticipatory bail.
On the other hand, Additional Public Prosecutor Manish Rawat, for the State, argued that custodial interrogation of the applicant was necessary for further investigation.
The court reviewed the order sheets, which confirmed that on July 18, 2018, Shahwez Khan had been directed to join the investigation and was granted interim protection. Subsequently, on July 30, 2018, he was granted anticipatory bail upon joining the investigation and cooperating with the authorities.
Considering the evidence, the court found the allegation that Amanatullah Khan facilitated Shahwez Khan’s escape to be unsubstantiated, as the latter was already on anticipatory bail. The court determined that Khan had established a case for interim protection and directed him to cooperate with the investigation. The Investigating Officer was instructed to obtain and present CCTV footage from the incident location to assess the nature and severity of the allegations.
The court ordered that no coercive action be taken against Amanatullah Khan until the next hearing, scheduled for February 24, 2025.
On Thursday, Special Counsel Zoheb Hussain for ED argued before the Delhi High Court that the department was not afforded an opportunity by the Trial Court to argue on the issue of sanction in the Waqf Board money laundering case concerning AAP MLA Amanatullah Khan.
For Applicant: Advocates Rajat Bhardwaj, Md. Irshad and Kaustubh KhannaFor Respondent: Additional Public Prosecutor Manish RawatCase Title: Amanatullah Khan v State (Bail Matter 26/2025)
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