Political Vendetta Behind Cases? Allahabad HC Grants Bail to Azam Khan in Rampur Land Allotment Case

Azam Khan granted bail by Allahabad High Court in Rampur land case after eight months in jail
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Samajwadi Party leader and former UP minister Azam Khan granted bail by the Allahabad High Court in the Rampur land allotment case

Court noted that most of the 110 cases against the Samajwadi Party leader were filed after 2019, following a regime change in Uttar Pradesh

The Allahabad High Court on Thursday granted bail to senior Samajwadi Party leader and former UP minister Mohd. Azam Khan in a case linked to the alleged illegal allotment of government land to his wife and son in Rampur. Khan is currently lodged in Sitapur jail in Uttar Pradesh.

Justice Sameer Jain, while allowing Khan’s plea, noted that he had been in jail for more than eight months, was 77 years old, and had been made an accused nearly a decade after the alleged offence.

Court said the circumstances of his implication could not be brushed aside and pointed to a political vendetta following a change in government.

"Apart from the present case applicant is having criminal history of 110 cases but his entire criminal history has been explained in the instant bail application and after perusing the same, it reflects, majority of cases were of the year 2019 after the formation of new Government and change of regime. Considering this fact and political background of the applicant, the argument advanced by learned counsel for applicant that only due to political vendetta after change of the government applicant has been made accused in these cases cannot be completely brushed aside at this stage," the order stated.

The case dates back to 2014, when land belonging to a cooperative society was leased to Khan’s wife, Tanzeen Fatima, and son, Abdullah Azam, allegedly under his influence as the then Urban Development Minister. An FIR was lodged in 2019, five years after the allotment, naming Fatima, Abdullah and others. Khan himself was not named initially and was added as an accused only in 2024 after further investigation. A chargesheet was filed against him in March 2025.

Khan’s counsel argued that his implication was an act of political hostility, stressing that the FIR came years after the alleged allotment and that he was brought into the case even later. They also pointed out that most of the 110 criminal cases against him were filed after 2019, once a new regime came to power.

The state opposed the plea, contending that Khan had misused his ministerial post to ensure his family benefited from government property. It argued that minutes of meetings were forged to facilitate the allotment and that Khan’s long criminal history, including five convictions, made bail inappropriate.

The court, however, observed that all charges in the case were triable by a magistrate and that bail could not be denied only on the ground of criminal antecedents.

Court also noted that out of 110 cases against Khan, 20 cases were before the year 2019, but these cases relate to minor offences and the majority of the cases have been withdrawn by the State Government.

It relied on the Supreme Court decision in Ayub Khan Vs. State of Rajasthan 2024 which held that antecedents are just one of several considerations while deciding bail.

“Bail is the rule while jail is an exception,” the court said, emphasising, "this ourt is not oblivious to the fact that while deciding the bail application of an accused his criminal history is relevant but this Court also could not lost the sight, merely on the basis of criminal history bail application of an accused should not be withheld if otherwise case of bail is made out".

Therefore, considering the facts and circumstances of the case, court found Khan entitled to bail.

Court ordered Khan’s release on furnishing a bond and two sureties. He has been asked to attend trial dates, avoid tampering with evidence, and not engage in criminal activity.

Case Title: Mohd. Azam Khan vs. State of UP

Order Date: September 18, 2025

Bench: Justice Sameer Jain

Click here to download judgment

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