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Court noted that the accused's involvement in the crime was questionable as he was not present at the scene and no recoveries were made from him.
The Allahabad High Court recently granted bail to one Mohammad Azam in a case concerning the destruction of an idol of Lord Shiva.
The bail application was heard and decided by the bench of Justice Ashutosh Srivastava. Azam is facing charges under Sections 298, 299, 302, 109 (1), and 61 (2) of the Bharatiya Nyaya Sanhita, 2023.
Pressing for bail, Azam’s counsel argued that he had been falsely implicated and was not present at the scene of the incident. He highlighted that the prosecution's case rested heavily on a confessional statement made by a co-accused, Akram, almost 15 days after the First Information Report (FIR) was lodged.
He further highlighted that no evidence, including the alleged weapon or any recovered money, was linked to Azam, and emphasized that his arrest was based solely on Akram's statement, which was inadmissible under Section 27 of the Indian Evidence Act.
Further, the counsel stressed that Azam had no prior criminal record and was not involved in the desecration of the idol.
On the other hand, the Additional Government Advocate (AGA), opposed the bail application but conceded that Azam had no criminal antecedents. The prosecution did argue, however, that a conspiracy to inflame religious sentiments was suggested by Akram’s confessional statement.
After reviewing the case materials, court noted that the applicant’s involvement in the crime was questionable as he was not present at the scene and no recoveries were made from him.
Given these considerations and the fact that the trial had not yet commenced, the court ruled in favor of granting bail.
Court also clarified that the decision was made without commenting on the merits of the case but acknowledged that the applicant posed no significant risk of fleeing or tampering with evidence.
Court imposed several conditions for Azam’s release, including that he must not engage in any criminal activities, tamper with evidence, or intimidate witnesses. Additionally, Azam is required to attend all future court dates.
Case Title: Mohammad Azam Vs. State of U.P.
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