Allahabad High Court Rejects Samajwadi Party MP Azam Khan's Pre Arrest Bail Application

The Allahabad High Court on Friday rejected the pre-arrest bail application filed by Member of Parliament from Samajwadi Party, 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 Bench of Justice Rajeev Singh while rejecting his bail application observed that Azam Khan was already under detention and that a B-warrant had been issued against him.

"It is also evident that B-warrant was issued by the competent court on 18.11.2020 was received by the Jail Authorities of District Jail Sitpaur who communicated the same to the applicant on 19.11.2020."

The matter before the Court

The present application for anticipatory bail under Section 438 Cr.P.C. had been filed on behalf of the applicant with the prayer to enlarge him on anticipatory bail in the event of his arrest/being taken into judicial custody in connection with the F.I.R./Case Crime No.02 of 2018, under Sections 409, 420, 120-B, 201 I.P.C. and Section 13(1)(d) PC Act, Police Station SIT, District Lucknow.

The Court noted that it is an admitted fact that the F.I.R. was lodged in the year 2018 on the basis of preliminary inquiry conducted by the Special Investigating Team U.P., 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 of 1300 persons on the post of Assistant Engineer, Junior Engineer, Clerk and Stenographer.

Submissions put forth

The A.G.A. raised a preliminary objection with regard to the maintainability of the present bail application under Section 438 Cr.P.C. on the ground that as per the report of District Superintendent of Police, Rampur,  the applicant was already detained in District Jail, Sitapur in relation to a Case

It was also argued the B-warrant issued against the applicant had been received by the Jail Authorities of District Jail, Sitapur, and had been duly communicated to the applicant also, meaning thereby, the applicant was in custody in the present case.

Thus, it had been submitted that the present anticipatory bail application was not maintainable and at the most, the applicant may move an application under Section 439 Cr.P.C.

In response to this, Khan's Counsel argued that merely service of B-warrant does not mean that the applicant has been taken into custody in the present case and therefore, the present bail application is maintainable. 

Court's order

The Court observed that the applicant was deemed to be in custody in relation to the instant F.I.R. after service of the B-warrant issued by the competent court under the provisions of Section 267(1) Cr.P.C.

"In view of the above, the preliminary objection raised by the learned A.G.A. has force. 11. Accordingly, the present anticipatory bail application under Section 438 Cr.P.C. is not maintainable and is hereby rejected," the Court ruled.

Case title - Mohammad Azam Khan v. State of UP

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