Allahabad HC Dismisses Bail Pleas of Samajwadi Party Leader Azam Khan & His Disqualified MLA Son Mohammad Abdullah Khan

Recently, a Single Bench of Justice Suneet Kumar dismissed the bail plea made by Samajwadi Party leader Mohammad Azam Khan & his son Mohammad Abdullah Azam Khan

Azam Khan surrendered to the UP police for his alleged involvement in the fake birth certificate case

Earlier this year, Mohmmad Azam Khan along with his disqualified son and wife had surrendered to the UP police. The father and son duo were booked on the grounds of forgery and cheating. 

The cause of action dates back to 2017 UP state elections when Mohammad Abdullah Azam Khan had contested and won the elections from Suar constituency in Uttar Pradesh. It is alleged that the birth certificate produced by Mohammad Abdullah Khan was forged. This case of age fudging led to Mohammad Abdullah’s disqualification from the state assembly. The date of birth mentioned in his manipulated PAN Card is September 30, 1990, whereas his earlier PAN details state his birth date as January 1, 1993. 

Municipal Corporation was under Azam Khan's ministry at the time of commission of offence

The bench pointed out that the alleged forgery was committed while Mohammad Azam Khan held office as a Cabinet Minister.  The age manipulation was allegedly done to bypass the minimum age requirements to make it possible for his son to contest elections. 

An excerpt from the order points out to the deep-rooted misuse of power and position as the Municipal Corporation was under the ministry handled by the father of the accused person. 

Case lodged with mala fide intention: says the applicant  

While pleading for the bail, the counsel for the applicants contended that the case in hand was lodged with an intention to malign the reputation of the applicant and add to the number of criminal cases registered against them. 

The Counsel for the applicant also highlighted the fact that another Bench of the Allahabad High Court had already allowed them bail in a case filed against them for manipulating birth certificate of Mohammad Abdullah Azam Khan. 

Granting bail will be against public interest: Allahabad  High Court

Allahabad High Court emphasised that granting bail will not be in the interest of the public. The court also took on record the State's submissions with regard to the criminal antecedents of the two bail applicants. 

There are as many as 91 cases registered against Azam Khan since the year 1992. That’s not all, His wife and son are said to be involved in 32 and 44 cases respectively. The court also apprehended that the father and son duo would try to wield the power of influence on the witness if they are released on bail. 

The court asked the appellant to seek bail after the witnesses of the case are examined by the trial court before rejecting the bail application.