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HC rejects Azam Khan’s anticipatory bail plea

LUCKNOW: A Lucknow bench of Allahabad high court on Friday rejected anticipatory bail plea of SP MP Azam Khan in connection with appointment of 1,300 assistant engineers, junior engineers, clerks and stenographers in UP Jal Nigam during the Akhilesh government through alleged faulty selection process.
Azam is currently admitted to Medanta Hospital, Lucknow. He is in judicial custody in connection with cases registered against him in Rampur. He was lodged in Sitapur jail.
Passing the order, Justice Rajeev Singh said since Azam is already in judicial custody in the case and as such the instant anticipatory bail plea was not maintainable.
Azam’s bail plea was moved by Supreme Court lawyer Kapil Sibal and senior high court counsel IB Singh. Additional government advocate Santosh Kumar Mishra opposed the bail arguing that the concerned court already sent B warrant to Azam lodged in Sitapur jail and it was served to him next day. So he is already deemed to be in judicial custody in the case and hence his anticipatory bail plea was not maintainable.
Azam’s lawyers argued if he is deemed to be in judicial custody, he must be entitled for default bail because the charge sheet in the case was filed on May 25, 2021, ie, after the 90 days period from November 19, 2020.
The court said Azam may move the appropriate court for default bail and that the same cannot be considered by the HC at this stage.

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