New Delhi: AAP MLA Surender Singh, arrested for allegedly assaulting an NDMC worker, was on Saturday granted bail by a local court, with the legislator alleging that the case was motivated by political vendetta to "stifle and embarrass the ruling party of Delhi".
Besides Surender, who is MLA from Delhi Cantonment area, Metropolitan Magistrate Gomati Manocha also granted relief to other accused Sanjay Singh and Praveen on a personal bond of Rs 30,000 each with one surety of the like amount.
The court turned down police's plea for judicial custody of the accused and granted them bail observing that none of the offences for which they have been booked were punishable with jail term for more than seven years and there was no chance of their absconding or fleeing from justice.
"Further, the statements of the witnesses under section 164 CrPC have already been recorded. Also, the accused are not required for the purpose of custodial interrogation or for the purpose of effecting any recovery.
"Furthermore, it has been averred that this case is actuated by political vendetta. Thus, no prejudice is likely to be caused to the prosecution in case the accused persons are admitted to bail," the court said.
The accused, who were arrested yesterday, were produced before the court and the Delhi Police moved an application for remanding them to judicial custody.
During the hearing, special public prosecutor Anupam S Sharma said that the accused were trying to fabricate evidence and threats have also been extended to victim Mukesh.
He said bail pleas of the accused should be dismissed as a sessions court had rejected Surender's anticipatory bail plea and as charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act have been slapped in the case, only a sessions court can hear the bail pleas.
Countering the submissions of police, senior advocate Ramesh Gupta, appearing for Surender, said, "There is a cold war between AAP and the party which is in power (in Centre). He (Surender) is the member of the party which is in power in Delhi while the other party is in control of Delhi Police."
He said the case was motivated by a political vendetta only to "stifle and embarrass the ruling party of Delhi".
Gupta also said fair investigation was not conducted in the case and if the accused have passed any alleged derogatory or casteist remarks, it was a matter of trial.
Singh was arrested Friday evening, along with his driver Pankaj and assistant Praveen, when he was called for questioning by Delhi Police.
The legislator from Delhi Cantonment constituency was booked under charges of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on August 5, a few hours after attacking the NDMC employee.
The incident took place when the legislator intervened in a routine checking drive of NDMC employees in the Tughlaq Road area of New Delhi.
Police said a fourth grade NDMC employee, Mukesh, was beaten up by the legislator when Mukesh along with an official team was trying to clear the footpath occupied by hawkers.z