# Mohammad Azam Khan v. State of U.P

- **Citation:** (2022) 5 ILRA 231
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-06-30
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/mohammad-azam-khan-v-state-of-u-p-48491
- **Pages:** 2

## Text

5 All. Mohammad Azam Khan Vs. State of U.P.
231
abuse their position or power to help
themselves.

In the instant case too the
applicant being a cabinet minister all
powerful person dreamt to establish a
University of which he was a perpetual
Chancellor like a personal fiefdom and for
this he went to any extent adopting all
legal, illegal, fair and foul means.

Being
a
public
figure,
the
applicant has a bundle of responsibility
over his shoulder and he cannot afford to
shut his eyes towards those means which he
has adopted just to achieve his objective,
which falls within the realm and ambit of
an offence.

However, as bail is a right of any
accused and jail is exception, therefore, on
the humanitarian ground this Court keeping
in view the applicant's deteriorating health,
old age and the period undergone in jail, is
considering the application of bail be
allowed by imposing following conditions.

(i) As mentioned above, the
applicant himself has distanced and
delinked with the property in dispute
though at present lying in the campus of
University whose reference is given in
paragraphs 8 (vii), 9, 10 and 11 of this
judgment,
the
District
Magistrate,
Rampur
being
a
representative
of
Custodian/Administrator
of
Evacuee/Enemy Property is directed to
hold a measurement of the landed
property in dispute which is center
dispute of this issue admesuring area
13.842 hectares village Singhan Khera,
Pargana
and
Tehsil-Sadar,
District
Rampur and thereafter raise a boundary
wall and barbed wire around it and take
the actual physical possession of the
property
in
dispute
on
behalf
of
Administrator
of
Evacuee
Property
Mumbai latest by 30.6.2022.

In this exercise the the local
Revenue
authorities,
University
authorities would fully cooperate and
shall not cause any hindrance or obstacle
while carrying out aforesaid direction.
Since the applicant Mohd. Azam Khan is
already in jail for almost two and half
years, he shall be released on interim bail
during this exercise in aforesaid case
crime by furnishing a personal bond of
Rs.1 lac and two sureties of the like
amount to the satisfaction of the court
concerned. After completion of aforesaid
exercise to the satisfaction of the District
Magistrate, Rampur and after taking his
final nod in the aforesaid drill, then only
his interim bail would be converted into
regular bail on the same terms and
conditions and on the same bonds as
furnished earlier. It is expected that the
applicant would also render his desired
cooperation in completing this object
during his release on interim bail. The
Custodian Evacuee Property Mumbai is
requested to hand over the property in
dispute to some para military forces for
their training purposes, as already done
in
the
year
2014.
The
interim
bail/regular bail shall be subject to the
following further conditions:

(i) THE APPLICANT SHALL
SURRENDER HIS PASSPORT ON THE
DAY
OF
HIS
RELEASE
BEFORE
CONCERNED COURT AND ITS FATE
AND FUTURE WOULD BE DECIDED
AT THE END OF TRIAL.

(ii) THE APPLICANT SHALL
FILE AN UNDERTAKING TO THE
EFFECT THAT HE SHALL NOT SEEK
ANY ADJOURNMENT ON THE DATE
FIXED FOR EVIDENCE WHEN THE
WITNESSES ARE PRESENT IN COURT.
IN CASE OF DEFAULT OF THIS
CONDITION, IT SHALL BE OPEN FOR
THE TRIAL COURT TO TREAT IT AS
232 INDIAN LAW REPORTS ALLAHABAD SERIES
ABUSE OF LIBERTY OF BAIL AND
PASS
ORDERS
IN
ACCORDANCE
WITH LAW.

(iii) THE APPLICANT SHALL
REMAIN
PRESENT
BEFORE
THE
TRIAL COURT ON EACH DATE FIXED,
EITHER PERSONALLY OR THROUGH
HIS COUNSEL. IN CASE OF HIS
ABSENCE,
WITHOUT
SUFFICIENT
CAUSE, THE TRIAL COURT MAY
PROCEED
AGAINST
HIM
UNDER
SECTION 229-A IPC.

(iv) IN CASE, THE APPLICANT
MISUSES THE LIBERTY OF BAIL
DURING TRIAL AND IN ORDER TO
SECURE
HIS
PRESENCE
PROCLAMATION UNDER SECTION 82
CR.P.C., MAY BE ISSUED AND IF
APPLICANT
FAILS
TO
APPEAR
BEFORE THE COURT ON THE DATE
FIXED IN SUCH PROCLAMATION,
THEN, THE TRIAL COURT SHALL
INITIATE
PROCEEDINGS
AGAINST
HIM, IN ACCORDANCE WITH LAW,
UNDER SECTION 174-A IPC.

(v) THE APPLICANT SHALL
REMAIN
PRESENT,
IN
PERSON,
BEFORE THE TRIAL COURT ON
DATES FIXED FOR (1) OPENING OF
THE CASE, (2) FRAMING OF CHARGE
AND (3) RECORDING OF STATEMENT
UNDER SECTION 313 CR.P.C. IF IN
THE OPINION OF THE TRIAL COURT
ABSENCE OF THE APPLICANT IS
DELIBERATE
OR
WITHOUT
SUFFICIENT CAUSE, THEN IT SHALL
BE OPEN FOR THE TRIAL COURT TO
TREAT SUCH DEFAULT AS ABUSE OF
LIBERTY OF BAIL AND PROCEED
AGAINST
HIM
IN
ACCORDANCE
WITH LAW.

(vi) THE TRIAL COURT MAY
MAKE
ALL
POSSIBLE
EFFORTS/ENDEAVOUR AND TRY TO
CONCLUDE THE TRIAL WITHIN A
PERIOD OF ONE YEAR AFTER THE
RELEASE OF THE APPLICANT.

In case of breach of any of the
above conditions, it shall be a ground for
cancellation of bail.

40. The present order in this bail
application may sound like a decree of the
civil court dealing and deciding the title
over the property, if not done so, the Court
is failing in its duty or seems like providing
a shelter and patronage to a rank
trespasser and usurper over the property in
dispute as per own admission.

41. It is made clear that observations
made in granting interim bail/regular bail to
the applicant shall not in any way affect the
learned trial Judge in forming his own
independent
opinion
based
on
the
testimony of the witnesses and decide the
issue objectively.

Trial Court is requested to hear
the matter on top most priority and decide
the same latest by within one year from the
date of production of certified copy of the
order without granting any adjournment to
either of the parties.

42. Since the bail application has been
decided
under
extra-ordinary
circumstances, thus in the interest of justice
following additional conditions are being
imposed just to facilitate the applicant to be
released on bail forthwith. Needless to
mention that these additional conditions are
imposed to cope with emergent condition-:

1.
The
applicant
shall
be
enlarged on bail on execution of personal
bond
without
sureties
till
normal
functioning of the courts is restored. The
accused will furnish sureties to the
satisfaction of the court below within a