The Allahabad High Court on Saturday rejected the bail applications filed by Samajwadi Party leader Azam Khan, his son Abdullah Azam Khan, and ex-chairman of Nagar Palika Parishad, Rampur – Azhar Khan in a cleaning machine theft case, which was purchased by Nagar Palika Parishad, Rampur and later the same was recovered from the campus of Jauhar University of Rampur.
Rejecting the bail applications of Mohammad Azam Khan, his son Abdullah Azam Khan and Azhar Khan, Justice Samit Gopal observed, “All the three applicants have criminal histories, which are large in number. The 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 that their release at this moment may have an adverse effect on 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”.
However, the court said that the applicants shall be at liberty to renew their prayer for bail once the witnesses of fact have been examined by the trial court.
The court also directed the trial court at Rampur to proceed with the trial of this criminal case expeditiously subject to any legal impediment.
An FIR was lodged on September 19, 2022, by one Waqar Ali Khan against all three accused applicants. It was alleged that the previous Samajwadi Party government had purchased machines for cleaning from government money but the said machines were being used by Mohammad Azam Khan, the chancellor of the Jauhar University, and Mohammad Abdullah Azam in conspiracy with Azhar Khan, the previous chairman of Nagar Palika, Rampur in the Jauhar University. During the regime of the new Government, the machines were being searched, wherein on the instructions of Mohammad Azam Khan, the chancellor, Abdullah Azam Khan, and others, they managed to conceal the machine and the machine was cut and buried.
On the report being lodged, the investigation took place and a recovery was done on September 19, 2022, wherein in the bushes, on the University campus, a machine was taken out.
During the hearing, the counsel for the applicants submitted that the applicant Mohammad Azam Khan has been falsely implicated in many criminal cases only because of political vengeance, in which, his family including his son, who is also an applicant has been implicated. It is submitted that the applicants Mohammad Azam Khan and Mohammad Abdullah Azam Khan have been in jail since October 18, 2023, whereas, the applicant Azhar Khan is in jail since March 26, 2022.
However, the state counsel opposed the petition saying that the present case is such, that, the accused applicant Mohammad Azam Khan misused his position as minister and an MLA, and during his tenure cleaning machines were purchased by the Nagar Palika Parishad, which, he somehow managed to get one machine free of cost for its use in his University. It is submitted that the applicant Mohammad Azam Khan is involved in as many as 104 criminal cases. It is submitted that even in six cases, he has been convicted by the concerned trial court and awarded punishment. It is further submitted that co-accused Mohammad Abdullah Azam is also has a criminal history of 47 cases and has been convicted in two cases by the concerned trial court. It is submitted that insofar as co-accused Azhar Khan is concerned, he was the then Chairman of the Nagar Palika Parishad. He was also in active connivance of the accused applicant Mohammad Azam Khan due to which one machine was managed to be taken from the company free of cost and was being utilized by the University of Mohammad Azam Khan. It was further submitted that Azhar Khan he is also involved in 24 criminal cases.
