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Supreme Court today in its interim order granted bail to Samajwadi Party Leader Azam Khan and his son Abdullah Khan. Court issued directions stating that they be released on Bail after Trial Court in UP records the statement of Azam Khan, within four weeks.

A Division Bench of Justice AM Khanwilkar and Justice Sanjiv Khanna released them on Bail today.

 

ASG SV Raju appearing for Government of UP, opposed the bail application of the Accused(s).

Senior Advocate Kapil Sibal appearing for Azam Khan submitted that there are 2 different FIRs registered against Khan with regard to Pan Card and Passport issues.

It was added that although Azam Khan has been granted bail in the main case, UP government continues to file cases against him in order to keep him in jail.

A Single Bench of Justice Suneet Kumar of Allahabad High Court on November 26, 2020 had rejected bail plea of the Lok Sabha MP from Rampur, Azam Khan & his son Mohammad Abdullah Azam Khan on the ground that it would not be in the public interest at this juncture. 

Fearing that on being enlarged on bail, the father son duo would try to influence the witnesses in the case, the Court observed that,

 “Having regard to the position and status of the accused persons, the repetition of the offences and the pervasive influence that applicants exercise in various departments of the State, there is a reasonable apprehension of the witnesses being influenced and danger to the course of justice being thwarted, said the bench Accordingly, in the circumstances, the grant of bail at this stage would not be in the public interest.”

The Court had also observed that,

“Merely, for the reason that the applicants have been enlarged on bail in a case where allegation is of procuring forged document pertaining to date of birth cannot be viewed mechanically while considering the bail applications, in other cases, though, the genesis is rooted in forged date of birth. It cannot be said, in the given facts that the instant case is a consequence of the alleged corrections of the subsequent document based on the date of birth. There is allegation of criminal conspiracy, deception, misuse of office and position in procuring forged documents by the first applicant to benefit the second applicant (Abdullah Azam Khan)”.

The High Court had pronounced its order on the three bail applications filed by Azam Khan and his son Mohammad Abdullah Azam Khan in the FIR registered against the former for offences under Sections 420, 467, 468, 471, 120B IPC & against the latter in Sections 420, 467, 468, 471 IPC & Section 12(1A) Passport Act, 1967. 

The allegations against the father & son were that as per the son’s educational certificates, Abdullah was born on January 1, 1993 whereas according to his birth certificate, his date of birth was September 30,1990. It was also alleged that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah to participate in the 2017 elections and that the AADHAAR card & PAN cards were also not issued before 2015. 

A Division Bench of Justice Ashok Bhushan and Justice R Subhash Reddy on April 16, 2021 had adjourned the matter for two weeks in view of the letter circulated by the Counsel for the petitioner.

Case Title: Mohammad Azam Khan v. The State Of Uttar Pradesh| Special Leave to Appeal (Crl.) No(s).2717/202