September 12, 2015 3:17:50 am
A sessions court Friday granted bail to Shamim Akhtar, the transport department official who had been arrested for allegedly threatening Mahila Court Metropolitan Magistrate Susheel Bala Dagar.
Akhtar has been accused of threatening the metropolitan magistrate and her brother on Sunday evening and firing an air gun at the windows of her residence. He was arrested on Wednesday.
Special Judge Pitamber Dutt granted bail on the grounds that “prima facie, ingredients under the Section 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) is not made out in the present case”.
During the arguments on Akhtar’s bail plea, his counsel advocate Suchit Mohanty told the court that except for Section 153 A, which has been invoked against his client, other sections including sections 423 (dishonest or fraudulent execution of deed of transfer containing false statement of consideration) and 336 (act endangering life or personal safety of others) are bailable offences.
The defence counsel also argued that Section 153 A relates to promoting enmity between the groups and not between two individuals, as alleged by the complainant.
However, Akhtar could not be released on bail Friday, on the technical ground that the bail bond could not be accepted by the concerned metropolitan magistrate, due to non-availability.
The accused is expected to be released on bail Monday, after the bail bond is accepted.
The police have registered a case at the Civil Lines police station under sections 336 (act endangering life or personal safety of others), 506 (punishment for criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman), 427 and 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc.) of the IPC.
According to the police, a case had been registered against Akhtar in 2006, allegedly after he had had a fight with two policemen in his locality. He had even been sent to jail in connection with the incident, said police.
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