Court grants bail to MLA Somnath Bharti, says he deserves it


New Delhi, Sep 22 (PTI): AAP leader Somnath Bharti, who was arrested today in connection with the AIIMS boundary wall dispute case, was granted bail by a Delhi court which ruled that chances of the legislator fleeing from justice was remote and he deserved the relief.

Metropolitan Magistrate Anuj Aggarwal allowed the bail plea of Bharti while rejecting an application moved by Delhi Police seeking 14-day judicial remand for him.

Bharti was produced before the court following his arrest this afternoon.

"Considering facts and circumstances and nature of the offence and the fact that he is an MLA and a member of bar and therefore, chances of his fleeing from justice are remote, I am not inclined to send him to judicial custody and he deserves to be granted bail," the magistrate said while asking him to join the probe and not influence witnesseses.

In his order, he said "on perusal of record, in my view Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the IPC is not attracted at present since the security guards who were allegedly assaulted, do not fall within the ambit of public servant."

The court said of the provisions for which Bharti was booked, there were only two non-bailable offences -- section 353 of IPC and section 3 (mischief causing damage to public property) of the Prevention of Damage To Public Property Act.

During the hearing, police sought to remand the MLA in judicial custody saying that being a member of the legislative assembly of ruling party, he may threaten witnesses and hamper the probe, if bail was granted.

Advocate Vijay Aggarwal, representing Bharti, opposed the police plea for judicial custody saying the accused was falsely implicated out of political vendetta.

The counsel also claimed that police arrested Bharti to prevent him from representing another arrested party MLA Amanatullah Khan before the court.

Bharti was arrested by a police team from Malviya Nagar this afternoon and taken to Hauz Khas Police Station where the case was registered against him on September 11. The case was registered on the basis of a complaint filed by chief security officer of AIIMS R S Rawat.

In his complaint, Rawat had alleged that Bharti had provoked a mob to damage the fence of the hospital with JCB excavator at Gautam Nagar Nallah road in South Delhi in order to give access to unauthorised persons inside AIIMS property and had also misbehaved with security personnel.

A case was registered against Bharti under IPC sections 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), 186 (obstructing public servant in discharge of his public functions), 323 (causing hurt), 353 (assault or use of criminal force to deter a public servant from discharge of his duty) and section 3 of the Prevention of Damage to Public Property Act.

Bharti had then defended his action and accused the AIIMS of "lying" on the issue.

"AIIMS is lying. They have been denying legitimate access to Gautam Nagar residents. AIIMS even refused to (go to) PWD meetings. Wherever commonman will be troubled, I will go. The allegation that residents dismantled the wall is a blatant lie. I will fight in court," he had tweeted then.

Bharti was previously arrested by Delhi Police in December 2015, in connection with the attempt to murder and domestic violence case filed by his wife.

As many as 12 AAP MLAs have been booked by the Delhi Police till now on various charges and 12 have been arrested, including a few multiple times.

 

  

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Comment on this article

  • Vincent Rodrigues., Frazer Town,Bangalore

    Fri, Sep 23 2016

    Bail is not final and he need to wait for the court decision for the crime he committed

    DisAgree [1] Agree [1] Reply Report Abuse

  • Amigo , Mangalore

    Thu, Sep 22 2016

    The More You Persecutes AAP, The More Stronger They will become ....ka BAAP!!!!!

    DisAgree Agree [2] Reply Report Abuse

  • Charles D'Mello, Pangala

    Thu, Sep 22 2016

    I do not understand why only AAP MLA's are arrested for silly reasons..>>!!!!?????

    DisAgree Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Sep 22 2016

    Egg on face of ...

    DisAgree Agree [2] Reply Report Abuse

  • Clifford, Mangalore

    Thu, Sep 22 2016

    BJP should realise that people of Delhi voted AAP into power and stop harassing them through LG and police. They should also know that people may soon get fed up of their dirty agenda and vote them out in next election.

    DisAgree Agree [2] Reply Report Abuse

  • Swamy, Mangalore

    Thu, Sep 22 2016

    AAP giving sleepless nights to BJP, Delhi police and BJP appointed false accusers and witnesses. Unnecessary burden on judicial system. Wherever AAP rules police and BJP has only one job.

    DisAgree Agree [2] Reply Report Abuse

  • SreeKumar, Doha

    Thu, Sep 22 2016

    Central government, LG, Government servants, Police, court are working 24x7 only in Delhi. Then we need AAP in other states also. "ಒಟ್ರಾಸಿ ನಿದ್ರೆ ಇಜ್ಜಿ"

    DisAgree [4] Agree [13] Reply Report Abuse

  • Praveen, kulshekar

    Thu, Sep 22 2016

    yes they wanted congress mukth but because of the rise of AAP, bjp trying for abortion of AAP before it lays strong foundation in other states. BJP ya huttu guna

    DisAgree [4] Agree [10] Reply Report Abuse

  • Langoolacharya, Belman/Wash DC

    Thu, Sep 22 2016

    Happy bail for all AAP MLAs....on behalf of BJPeee supporters...

    ...JH...

    DisAgree [1] Agree [15] Reply Report Abuse

  • Langoolacharya, Belman/Wash DC

    Thu, Sep 22 2016

    Croak.Croak..Croak...

    ...JH...

    DisAgree Agree [3] Reply Report Abuse


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Title: Court grants bail to MLA Somnath Bharti, says he deserves it



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