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Synopsis

The Allahabad High Court has recently granted bail to former circle officer Aley Hasan Khan in all 26 cases registered against him at Rampur, Uttar Pradesh for alleged illegal grabbing of land for Mohammad Ali Jauhar University in collusion with Samajwadi Party leader Azam Khan.

The bench of Justice Raj Beer Singh noted that though the allegations were that Aley Hasan Khan, who was working as Dy Superintendent of Police when the Maulana Mohammad Ali Jauhar University was established, forced the residents of the area to transfer their respective lands in favor of the said university, he was neither the founder nor the trustee or member of Maulana Mohammad Ali Jauhar Trust which runs the University. 

Court also took into account the fact that the main co-accused Mohd. Azam Khan, who is the founder/trustee of the said Trust, has already been granted bail.

Therefore, while noting that the investigation of all the cases is complete and charge sheets have already been submitted in the court, the high court allowed bail to Khan.

Court was dealing with a bunch of bail applications moved by Khan in separate cases where the allegations were more or less similar and all the cases were connected with each other.

The counsel for Khan argued that although all the cases against Khan pertained to the period of establishment of the said university which started in 2005-06, however, there was a long delay of about 15 years in lodging of the first information reports and no satisfactory explanation for such delay had been shown.

All the first information reports of the 26 cases were lodged within a span of two months by making similar allegations, which are quite vague and this clearly indicates that these reports were lodged with malafide intention, he asserted. 

The counsel further alleged that the Investigating Officer did not investigate the matters properly and in accordance with law and the charge-sheets were submitted under the influence and pressure of superior officers.

While stating that Khan had absolutely no motive to grab the lands of the complainants in all the cases, his counsel pressed for his release on bail. 

On the other hand, the pleas were opposed by the Additional Advocate General who submitted that Khan was instrumental in obtaining the illegal possession of the lands of the complainants in the cases. 

He claimed that Khan, being posted as Deputy Superintendent of Police, took undue advantage of his official position and he often used to pick up the complainants and their family members by threatening them and he used to confine them in the lock-up of the police station.

Therefore, stating that Khan played an active role in the entire incident, AGA vehemently opposed his bail pleas. 

However, court found that a case for Khan's bail was made out. Accordingly, it directed Khan to be released on bail on furnishing a personal bond and two local sureties each of the like amount in each case to the satisfaction of court concerned subject to general conditions. 

Case Title: Ex C.O. Aley Hasan Kha V. State of UP and connected matters