SC grants bail to Azam Khan, son in machine theft case

New Delhi: The Supreme Court has granted bail to former Uttar Pradesh minister Azam Khan and his son Abdullah Azam Khan, who had challenged an order of the Allahabad High Court denying them bail in a machine theft case.

A bench of Justices M M Sundresh and Rajesh Bindal set aside the Allahabad High Court order which rejected their bail plea.

"Taking into consideration the facts and circumstances of the case which include the period of incarceration undergone by the appellants, and that the chargesheet has already been filed, we are inclined to set aside the impugned order and grant bail to the appellants.

"Accordingly, the impugned order stands set aside and the appellants are granted bail, subject to the terms and conditions which are to the satisfaction of the trial court," the bench said in its February 10 order.

The top court asked the trial court to impose a condition to the effect that the appellants shall cooperate with the conduct of the trial till its conclusion and shall not make any attempt to influence or win over the witnesses.

"Liberty is also granted to the respondent-State to seek for cancellation of bail in case of violation of any of the conditions imposed upon the appellants. We further make it clear that the trial court is at liberty to proceed with the trial, notwithstanding the conduct of the parties," the bench said.

Khan and his son had moved the top court against the September 21 order of the high court.

The criminal case was registered in 2022 against Khan, his son and five others alleging that they had stolen the road-cleaning machine, which was purchased by the Nagar Palika Parishad, Rampur district.

It was further alleged that this machine was later recovered from Khan's Jauhar University of Rampur.

After the change of government in the state, a person named Wakar Ali Khan lodged an FIR in 2022 at Kotwali, Rampur against the seven persons.

It was alleged in the FIR that they had in 2014 stolen the government's road cleaning machine.