uld suggest that Khan “threatened” the woman or pressured her to withdraw her case against him. Khan walked out of Tihar Jail in the evening after furnishing a personal bond and surety of Rs 50,000 each.
Giving relief to the legislator, who was arrested on July 24, the court observed that Khan cannot be kept in custody for an “indefinite period”, just because the other accused have not been arrested so far. “There is no material on record to suggest that the present accused has threatened or called the complainant to withdraw the case or change her statement as alleged,” said additional sessions judge Raj Kumar Tripathi.
The court also questioned the use of Section 195A (threatening any person to give false evidence) against Khan by the police. It said the woman has alleged she got threat calls for withdrawal of the complaint but there was no material to show that Khan had made those calls. Pulling up Delhi Police, the court said it was their job to ascertain and investigate who had made the alleged calls to the complainant.
In an embarrassment for the police, the court also pointed out that the Okhla MLA was in police custody for two days but nothing was recovered from him or at his instance.
The court rejected Delhi Police’s contention that if released, Khan would tamper with evidence. Regarding the security of the 35-year-old complainant, who the police had alleged was being continuously threatened, the court said she has been provided “adequate protection by the police” and, therefore, there is “no possibility of Khan” tampering with the prosecution evidence or influencing witnesses. “The accused is a public servant and sitting MLA. He has deep roots in society . There is no possibility of his absconding or fleeing from justice or not facing trial in the case,” said the judge.
The court, however, imposed several conditions on Khan, including one of not threatening the complainant.It said Khan should not even contact her, try to influence the prosecution witnesses or tamper with the prosecution evidence. It also directed Khan to not create any law and order problem in the area and ordered him not to incite his supporters or indulge in any criminal offence. Khan was also directed to join investigations, whenever asked by police to do so.
The court noted that though the police added the alleged offences of IPC 308 (attempt to commit culpable homicide) and 34 (common intention) in the FIR against Khan, the former section–which would be applicable in the case –is punishable with up to only three years of imprisonment.The police had added these fresh offences and section 195A after the woman had recorded her statement before a magistrate under CrPC 164, alleging that when she was returning from the MLA ‘s residence, a vehicle in which Khan was sitting, had tried to mow her down.
A AP MLA from Narela Sharad Chauhan was questioned for the second consecutive day on Thursday in connection with the suicide by a woman party worker last week. Chauhan was questioned along with one of his aides Rajnikanth. His other aide Amit, who was also asked to join the probe, was absconding. Police have asked Chauhan to join probe on Friday also along with Rajnikanth.