Delhi court grants anticipatory bail to AAP MLA Amantullah Khan in public servant obstruction case

New Delhi [India], February 25 : The Rouse Avenue court granted anticipatory bail to AAP MLA Amanatullah Khan. The Delhi police registered a case against Amanatullah Khan for obstructing public servants in the Jamia Nagar area on February 10, 2025.
Special judge Jitendra Singh granted anticipatory bail to AAP MLA Amanatullah Khan. He has been granted anticipatory bail on furnishing a bond of Rs. 25000 and one surety in the like amount.
The court has imposed some other conditions including that he will join the investigation as and when asked by the investigation officer, he will not threat any witness, he will not tamper with the evidence, etc.
"Even if for the sake of argument, the allegations taken against the applicant is taken to be true, the exercise of the right of private defence by the accused Shahwez Khan in escaping from the wrongful confinement and facilitation of the accused Shahwez Khan in exercise of this right by the applicant does not amount to obstruction in the so-called official discharge of duty by the police team. Therefore, I am of the opinion that applicant Amanatullah Khan deserves anticipatory bail in the instant matter," the Special Judge said in the order.
He was granted interim protection and asked to join the investigation on February 13.
Special judge rejected the submissions of Delhi police that accused denying his presence during the incident therefore his custodial interrogation is required.
The court said that custodial interrogation is not for obtaining confession from the accused.
However, the court found merit in the submissions of defence counsel that allegations do not support invoking the section 111 of BNS.
Delhi police registered a case against Amanatullah Khan for obstructing public servants in the Jamia Nagar area.
During the hearing, Additional Public Prosecutor (APP) Atul Shrivastava submitted that 6 cases pending investigation and 5 cases are pending trial against the accused.
On the other hand, counsel for accused submitted that two cases pending trial are stayed by the High Court. There is no conviction.
On February 13, AAP MLA was granted protection from any coercive action February 24. The court had asked AAP MLA to join the investigation.
Delhi Police on Monday filed the CCTV footage and statement of witnesses for the court's consideration.
Delhi police had also filed a status report. Court also inquired about the power failure at the time incident on February 10.
The court had pulled up Delhi police for not filing the supplementary charge sheet against Shahwez Khan and not cancell his Proclaimed Offender (PO) status even after he was granted anticipatory bail.
Additional Public Prosecutor (APP) Atul Shrivastava appeared for Delhi Police before the Rouse Avenue Court and called for custodial interrogation of AAP MLA Amanatullah Khan as there are contradictions in the facts narrated by him and what Shahwez Khan has stated.
Delhi police also stated that section 111 BNS (Bharatiya Nyay Samhita) has been invoked against the accused as he is involved in continuing unlawful activities followed by 26 cases registered against him.
On the other hand, advocate Rajat Bhardwaj along with Kaustubh Khanna and Irshad Khan argued for Amanatullah Khan in the Rouse Avenue Court.
They argued that Delhi police have already stated in the status report that the PO status of Shahwez Khan was not cancelled inadvertently then where is the question of helping a person to flee from the custody of the police?
Amanatullah Khan's lawyers further argued that section 111 had been invoked only for arresting Amanatullah Khan.
An FIR has been registered against Amanatullah Khan alleging that he obstructed the Delhi police crime branch team that had gone in the area to arrest Shahwez Khan who was declared a proclaimed offender and allegedly wanted in an FIR of 2018 registered at police station of Jamia Nagar.
AAP MLA Amanatullah Khan moved to the Rouse Avenue Court to seek an anticipatory bail. On February 13, while passing the order the court had asked the police to interrogate under the CCTV camera.
The court had asked Delhi Police to clarify that Shahwez Khan was a proclaimed offender (PO) on the date of the incident that took place on February 10, 2025, in the Jamia Nagar area.
The court had issued notice to Delhi Police and sought a response on the anticipatory bail of AAP MLA. He submitted that it is alleged that the applicant Amanatullah Khan obstructed the police team and helped wanted Shahwez Khan to flee.
As per the counsel, a six-member team of crime branch went to arrest Shahwez Khan in his area. The counsel had submitted that the person whom police went to arrest he is not a proclaimed offender, he was given bail by the court in July 2018.
It was submitted that Shahwez was granted anticipatory bail on 30 July 2018 was given protection from coercive action. He had joined the investigation on July 19, 2018. A charge sheet was filed on July 20, 2018, in which he was not charge sheeted.
The counsel further submitted that Shahwez was acquitted of an attempt of murder. He underwent 4 days of imprisonment in which he was declared proclaimed offender.
He was declared a proclaimed offender on April 4, 2018. He joined the investigation after which he was granted anticipatory bail on July 30, 2018.
The court had also sought clarification from the investigation officer of the case in which Shahwez is allegedly wanted.