In the Yateemkhana demolition case, the Allahabad High Court cancelled the bail granted to Fasahat Ali Khan alias Sanu, a close aide of former minister Azam Khan, by the special court Rampur on July 29, 2020.
A single-bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc Bail Cancellation Application filed by the State of Uttar Pradesh.
The application under Section 439(2) CrPC have been filed seeking cancellation of the order dated 29.7.2020 passed by the Special Judge (MP/MLA)/Additional Sessions Judge, Rampur in Bail Application filed in FIR under Sections 452, 427, 504, 323, 506, 395, 448, 120-B and 412 IPC, Police Station Kotwali, District Rampur, whereby the trial court has admitted the accused-respondent on bail.
As per the FIR, the complainant has been living in the Orphanage (Yateemkhana) at Sarai Gate, Rampur with his family. The house was allotted to him and he is having receipts of rent being paid by him.
On 15.10.2016 at around 5.20 PM, the then Circle Officer (City) Ale Hasan, Fasahat Shanu, Islam (Contractor), SOG Constable Dharmendra, Virendra Goel and 15-20 other persons came to his house and threatened him to vacate his house.
They were saying that Azam Khan would construct a school at Yateemkhana and the land of Yateemkhana was required for construction of the school.
When the complainant objected and refused to vacate the premises, he was assaulted and threatened. The accused did not stop, but they forcibly threw out the family members from the house and demolished his house by bulldozer. It was further said that the accused had looted Rs 20,000 from the house.
“During the course of investigation, some looted articles were recovered from the possession of the accused-respondent and he had confessed the crime during the course of investigation.
Trial court has not considered the grievous nature of the offence nor it has considered the long criminal history of the accused-respondent while enlarging him on bail.
The accused-respondent and other co-accused named in the FIR under the intoxication of power had demolished the small residential premises of the complainant in a manner unknown to law. Chargesheet has already been filed against the accused-respondent and other co-accused.
While considering the bail application, nature of offence, material and evidence on record and the criminal history/antecedents of the accused are to be considered. The impugned order granting bail to the accused-respondent would disclose that the trial court has not considered any of the relevant factors while enlarging the accused-respondent on bail,” the Court observed while allowing the application.
“In view thereof, the order dated 29.7.2020 passed by the Special Judge (MP/MLA)/Additional Sessions Judge, Rampur in Bail Application filed in FIR under Sections 452, 427, 504, 323, 395, 448, 120-B and 412 IPC, Police Station Kotwali, District Rampur, is hereby set aside. The accused-respondent Fasahat Ali Khan may be arrested.
However, if the accused-respondent moves a fresh bail application, his bail application shall be considered and decided in accordance with law after considering the relevant factors. Any observation of the Court while cancelling the bail of the accused-respondent, which was granted by the trial court vide order dated 29.7.2020, shall not have any bearing for fresh consideration of the bail application of the accused-respondent, after he surrendered or arrested,” the Court ordered.