UBAID UL HAQ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri N.I. Jafri, learned Senior Advocate, assisted by Shri S.I. Jafri, Advocate, appearing for Ubaid Ul Haq, applicant in Criminal Misc. Bail Application No. 34387 of 2020 (hereinafter referred to as "first applicant"), Shri Vaibhav Kaushik, Advocate, appearing for Syed Ghulam Syedain Rizvi, applicant in Criminal Misc. Bail Application No. 23708 of 2020 (hereinafter referred to as "second applicant"); and, Shri Vinod Diwakar, learned Additional Advocate General, assisted by Shri Jai Narain and Shri Abhijeet Mukherjee, Government Advocates, representing the State in both the matters.

(2.) On request of the learned counsel for the parties, the aforementioned bail applications, arising out of case crime no. 312 of 2019, under Sections 420, 467, 468, 471, 447, 409, 201, 120-B I.P.C. and Section 3 of Prevention of Damage to Public Property Act, 1984, Police Station, Azeem Nagar, District Rampur, are taken up together and is being decided by a common order.

(3.) An F.I.R. came to be lodged by Sri Allama Zameer Naqvi against several nominated persons including Mohd. Azam Khan, Smt. Tazeen Fatima, Abdullah Azam khan and the second applicant alleging that properties in question admeasuring 13.8 hectares belonging to Imamuddin Qureshi, an Indian sunni, who on partition migrated to Pakistan, consequently, relinquished his Indian citizenship; the property left behind by Imamuddin was declared Evacuee property duly notified by the Custodian, Evacuee Property in 1971. It is further alleged that Mohd. Azam Khan, misusing his position as a Cabinet Minister conspired with other co-accused, viz. Chairman/Administrator and got the property recorded as a waqf with the Shiya Central Waqf Board. After investigation a charge-sheet came to be filed against Mohd. Azam Khan, Smt. Tazeen Fatima, and Abdullah Azam (wife and son respectively). Investigation in respect of other persons was kept open.