New Delhi (ILNS): The Allahabad High Court has approved the bail of Aley Hasan Khan, a retired police officer close to Samajwadi Party MP Azam Khan. He was arrested on August 11 with a fake Aadhaar card while going from Rampur to Delhi. An FIR has been lodged in Civil Lines Rampur.
The Instant bail application has been filed on behalf of the applicant, Aley Hasan Khan with a prayer to release him on bail in Case Crime No. 239 of 2020 under Sections 419, 420, 467, 468, 471, 170 I.P.C., Police Station- Civil Lines, District- Rampur, during pendency of trial.
This order has been given by Justice Siddharth. Syed Farman Ahmad Naqvi, a Senior Advocate for the Petitioner, said that the applicant has been falsely implicated in this case. He is a retired Deputy Superintendent of Police, U.P. and recipient of Presidential Gallantry Award. He has performed outstanding service in police. He has further submitted that number of cases have been registered against the applicant at the behest of the State machinery. The applicant is in jail since 11.08.2020 and has criminal history of 57 cases. All the cases have been registered after the government has changed and there were only 3 cases registered against him prior to the year 2019 wherein final reports have already been submitted. In most of the cases, anticipatory bail has been granted to the applicant and in most of the other cases, he is on bail.
Whereas, Sri Vinod Diwakar, learned Additional Advocate General has vehemently opposed the bail application and has submitted that while checking the official website, the Investigating Officer saw another order of different case crime number, therefore, the allegation in the F.I.R. is correct. He has further submitted that the applicant has criminal history of 57 cases. The applicant has tried to flee from the law. He has relied upon the judgement in the case of Kalyan Chandra Sarkar Versus Rajesh Ranjan and Ors., (2004) 7 SCC 528, wherein the Apex Court has held that bail should not be granted or refused as a matter of course and reason should be given for the same and has prayed that the bail application of the applicant may be rejected.
The Court noted in its order, “this Court finds that the allegations against the applicant in the F.I.R. are not fully correct. The allegation that the Criminal Misc. Writ Petition No. 1751 of 2019 was found pending by the Investigating Officer on 10.08.2020 is belied from the order dated 22.01.2019 passed by this Court disposing of the aforesaid writ petition. Further allegation of recovery of forged Aadhar card and I.D. proof are only allegations at this stage and the applicant has not admitted that he was having any such documents in his possession. All the offences alleged are triable by Magistrate. The criminal history of the applicant starts from the year 2019 only. The 54 cases lodged against the applicant are after the change in the government of the State. Earlier, he had 3 cases against him wherein final report has been submitted. Those cases are regarding minor offences.”
“Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail,” said the Court while granting bail.