New Delhi, Jun 12 (ILNS) The Allahabad High Court has rejected the anticipatory bail application of Samajwadi Party MP Mohd Azam Khan in connection with the appointment of 1,300 engineers, clerks, and stenographers at Uttar Pradesh Jal Nigam during his tenure as a Cabinet Minister during the SP Government’s rule in Uttar Pradesh.
The Lucknow Bench of Justice Rajeev Singh yesterday passed this order, while hearing a Criminal Miscellaneous Anticipatory Bail Application filed by Azam Khan in connection with an FIR registered against him at Police Station SIT, District Lucknow.
The Additional Government Advocate had raised preliminary objection with regard to maintainability of the bail application under Section 438 CrPC on the ground that as per the report of District Superintendent of Police, Rampur dated November 12, 2020, the applicant was detained in District Jail, Sitapur in relation to criminal cases under various provisions of IPC and the Prevention of Damage to Public Property Act.
A warrant had been issued by the competent court on April 18, 2020 against Mr Khan, which was duly served to him on November 19, 2020 by the jail authorities of District Jail, Sitapur. The AGA submitted that the applicant has himself admitted that B-warrant has been issued against him by the competent Court.
Counsel for the applicant, while opposing the preliminary objection, submitted that merely service of B-warrant does not mean that the applicant has been taken into custody in the case and therefore, the bail application is maintainable.
The Counsel further submitted that even if the argument of AGA is accepted to the effect that B‐warrant has been received by the Jail Authorities of District Jail, Sitapur and has been communicated to the applicant, and moreover, if it is deemed that the applicant is in custody of the State in the present case since November 19, 2020, then the applicant is entitled for default bail for the reason that the charge sheet dated May 24, 2021 was not filed within 90 days from November 19, 2020.
The Court said: “It is an admitted fact that the FIR was lodged on April 25, 2018 on the basis of preliminary inquiry conducted by the Special Investigating Team of UP, Lucknow for the offences of giving indefinitely unjust enrichment to some persons, forgery causing disappearance of evidence of the offence, and destroying the documents to prevent its production as evidence with a criminal conspiracy in appointing 1300 persons on the post of Assistant Engineer, Junior Engineer, Clerk and Stenographer”.
The Court held that the applicant is deemed to be in custody in relation to the FIR after service of the B-warrant issued by the competent court under the provisions of Section 267(1) of CrPC. Accordingly, the application is not maintainable and hereby rejected, the Court ordered.
“The prayer of the Counsel for the applicant for default bail in the present proceedings also cannot be considered and in this regard, the applicant may move appropriate application before the appropriate court, if he so chooses,” the Court said. ILNS\KR\SJ\RJ