NEW DELHI: AAP MLA Somnath Bharti was arrested on Thursday for allegedly inciting a crowd to damage part of the All India Institute of Medical Sciences boundary wall and misbehaving with security officials, becoming the second party legislator to be arrested by Delhi Police in the past 24 hours. However, he was granted bail later in the day by a Delhi court which stated that he deserved relief.
Bharti was arrested by a police team from Malviya Nagar in the afternoon and taken to Hauz Khas Police Station where the case was registered against him on September 11.
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. While granting relief the court said that chances of the legislator fleeing from justice was remote and he deserved the relief.
“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 Indian Penal Code 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.
The case against Bharti was registered on a complaint filed by AIIMS chief security officer R S Rawat. In his complaint to police, Rawat had alleged that Bharti had provoked the mob to damage the fence of the hospital with JCB at Gautam Nagar Nallah road in order to give access to unauthorised persons inside AIIMS property and also misbehaved with security personnel.
“AIIMS is lying. They have been denying legitimate access to Gautam Nagar residents. AIIMS even refused to (go to) PWD meetings. Wherever common man 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.
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. Fifteen AAP MLAs have been booked by the Delhi Police till now on various charges and 12 have been arrested.
On Wednesday, AAP MLA and chairman of Delhi Waqf Board Amanatullah Khan was arrested by Delhi police in a case of sexual harassment filed against him by his sister in law.