Azam Khan and his son have moved the top court against the September 21 order of Allahabad High Court denying them bail in a machine theft case.
NEW DELHI: The Supreme Court on Monday (16th Dec) issued a notice to the Uttar Pradesh government, seeking its response to a plea filed by former state minister Azam Khan and his son Abdullah Azam Khan.
The plea challenges the Allahabad High Court’s decision to deny them bail in a 2022 case involving the alleged theft of a road-cleaning machine.
A bench comprising Justices M.M. Sundresh and Aravind Kumar requested the state to furnish an official reply. The Khans are contesting the High Court’s September 21 order that denied them relief.
Case Background
The criminal case, registered in 2022, accuses Azam Khan, his son, and five others of stealing a road-cleaning machine purchased by the Nagar Palika Parishad of Rampur district. The machine was reportedly recovered from the premises of Jauhar University in Rampur, which was managed by Azam Khan at the time. The complaint was lodged by Waqar Ali Khan, leading to legal proceedings.
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High Court Decision
On September 2, the Allahabad High Court, after hearing arguments from both parties, reserved its order on the bail applications, which was ultimately rejected on September 21.
Justice Samit Gopal, while denying bail, stated that the accused could renew their plea once key witnesses in the trial were examined. The court also directed the trial court in Rampur to expedite the proceedings.
Arguments Presented
The prosecution argued that Azam Khan misused his ministerial position during the purchase of the road-cleaning machines, alleging political and financial misconduct. It was also revealed that Azam Khan has faced charges in 104 criminal cases, while his son Abdullah Azam Khan is named in 47 cases, with convictions in some.
Additionally, 24 cases are reportedly pending against Azhar Khan, the former chairman of the Rampur Nagar Palika Parishad.
The defense contended that the accusations were politically motivated, aimed at tarnishing the reputation of Azam Khan and his family. They argued that the father-son duo has been targeted with numerous criminal cases filed against them out of political vendetta.
Azam Khan and Abdullah Azam Khan have been in judicial custody since October 2023. The Supreme Court’s notice to the Uttar Pradesh government marks the next step in the ongoing legal battle over their bail plea in the alleged machine theft case.
