[UP Jal Nigam recruitment scam] Allahabad High Court grants bail to SP leader Mohd. Azam Khan

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In another relief to the Samajwadi Party's Member of Parliament Mohammad Azam Khan, the Allahabad High Court on Friday granted him bail in the 2016 Uttar Pradesh Jal Nigam recruitment scam case.

The bench of Justice Ramesh Sinha, which has also tabled the order granting bail to Khan in RSS, Shia cleric defamation case, delivered the judgment noting that that the State had failed to point out any clinching evidence from the charge sheet against Khan to show that he actively participated in the recruitment process.

However, despite this relief from the high court, Khan will continue to be in jail as there is one more case left against him in which he has not been granted bail. There are total 87 criminal cases against him and he has got bail in all of them except two, of which the instant case was one. Khan is currently lodged in Sitapur jail.

Notably, in the recent Uttar Pradesh Assembly Elections, Khan emerged victorious on March 10 from the Rampur Assembly seat in State's Rampur district.

In context of the instant case, in the year 2016, irregularities were found in the appointments to 1,300 vacant posts in the Jal Nigam. After the government change in UP in 2017, Bhartiya Janta Party came to power and an inquiry was ordered in the matter and 122 recruited engineers were also dismissed from service.

In continuance of the same, in the year 2018, a First Information Report was registered in the case under Sections 409, 420, 120-B, 201 I.P.C. and Section 13 (1) of the Prevention of Corruption Act against Khan and others on the allegations of irregular recruitment/appointment.

After due investigation, a charge sheet was filed in May 2021 against Khan and one other under Sections 201, 204, 420, 467, 468, 471 read with Section 120B I.P. and Section 13 of the Prevention of Corruption Act.

After rejection of bail from the court of Special Judge (Anti-Corruption) (C.B.I.) (Central), Lucknow, Khan filed the instant bail plea before the high court.

Court noted, that the State counsel had failed to show any direct evidence against Khan in the charge sheet and he only stated that the applicant being a powerful and influential person, no direct evidence could be collected against him.

Therefore, stressing that Khan no longer holds any post in the affairs of the State and that there is no further chance of tampering with the evidence by him, Court ruled that Khan's continued custody is not necessary for the purpose of further investigation and trial in the case and, therefore, granted him bail.

Case title - Mohammad Azam Khan v. State of U.P. and Another