“Applicants Have Criminal Histories, Which Are Large In Number”: Allahabad HC Denies Bail To Azam Khan & His Son
The Allahabad High Court has rejected the bail application filed by former MLA Mohammad Azam Khan and his son in a stolen machinery case while observing that they had a large criminal history.
The Court stated that the release of the applicants would adversely affect the trial, since the recovery witnesses were officials and workers of Jauhar University, where Mohammad Azam Khan (applicant) was Chancellor, and could even tamper with evidence. The Court also noted that Azhar Khan (the other applicant), as the then Chairman of Nagar Palika Parishad (Municipality) during the machine's purchase, was “well aware of the facts and was in connivance due to which one such machine was taken to the University for being used therein.”
A Single Bench of Justice Samit Gopal observed, “All the three applicants have criminal histories, which are large in number. Accused applicants Mohammad Azam Khan and Mohammad Abdullah Azam Khan have even been convicted in some cases by the concerned trial courts. The matter is such in which their release at this moment may have an adverse affect in the trial since the witnesses of recovery are officials and workers of the University and even they may tamper with evidence. The bail applications, as such, are rejected at this stage.”
Advocate Imran Ullah appeared for the applicant, while AAG P.C. Srivastava represented the opposite party
The criminal case was registered in 2022 by a social worker on allegations that the government purchased cleaning machines purchased by the Municipality during the tenure of Mohammad Azam Khan as an MLA and Minister managed to get one machine free of cost for use in Mohammad Ali Jauhar University, where he served as a Chancellor.
The FIR was registered under Sections 409 and 120B of the IPC and Sections 2 and 3 of the Public Property (Prevention of Damages) Act, 1984 (the Act).
The prosecution alleged on suspicion of being caught, the machine was cut and buried in mud. The cut parts of the machine were recovered and excavated during investigation in the presence of staff/officials of the University. The parts as recovered were so big and heavy that they had to be transported using machines.
The applicant submitted that he had been falsely implicated in many criminal cases only because of “political vengeance,” in which, his family including his son was also implicated.
The High Court rejected the bail applications but allowed the applicants the liberty to renew their prayer for bail once the witnesses of fact were examined by the trial court.
“The applicant Mohammad Azam Khan was holding such post that he had managed to get a vehicle from the company and employ it in the use of the University, which was not permissible. The applicant Azhar Khan was the then Chairman of Nagar Palika Parishad during whose tenure the entire work of purchase was done and as such he was well aware of the facts and was in connivance due to which one such machine was taken to the University for being used therein,” the Court remarked.
Accordingly, the High Court rejected the bail applications.
Cause Title: Mohammad Azam Khan & Anr. v. State of U.P. (Neutral Citation: 2024:AHC:154484)
Appearance:
Applicant: Advocates Imran Ullah, Mohammad Khalid and Sanjay Kumar Yadav
Opposite Party: AAG P.C. Srivastava; AGA J.K. Upadhyay; Advocate Sharad Sharma