Allahabad HC grants bail to MP Azam Khan, his wife and son in alleged fake birth certificate case

ALLAHABAD: The Allahabad High Court on Tuesday granted bail to Samajwadi Party MP Azam Khan, his wife and son in a case of alleged forged birth certificate.

Justice Siddharth ordered that Azam's wife Tazeen Fatima and son Mohammad Abdullah be released on furnishings bonds as per the order of the magistrate concerned.

However, Azam Khan will be released after the statement of the "informant" is registered by the trial court, the judge said.

The three had surrendered in February before a Rampur court as their bail applications were rejected in connection with the case related to alleged forgery of Abdullah's birth certificate.

Police had then said that Azam, who represents Rampur in Lok Sabha, was facing over 80 other cases.

The court on Tuesday also directed that the three applicants shall not tamper with the prosecution evidence by intimidating or putting pressure on the witnesses during the investigation or trial.

It also asked them to cooperate in the trial sincerely without seeking any adjournment.

"The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail," the court said.

A complaint was lodged by Akash Saxena, a member of Bharatiya Janata Party, alleging that Azam Khan and his wife have got two birth certificates issued from different places, one dated 28.01.2012, from Nagar Palika Parishad, Rampur, and the second dated 21.04.2015, from Nagar Nigam, Lucknow, for their son.

The first birth certificate, which recorded his date of birth as 01.01.1993, was used for making passport, etc.and was misused in foreign travel, it was alleged.

The second birth certificate, which recorded his date of birth as 30.09.1990, was "misused" in government documents, contesting election to Legislative Assembly of the state and in different recognitions given to Jauhar University, it was alleged.

Granting the bail, the court observed that Abdullah "has not given any affidavit for changing his date of birth before Nagar Nigam, Lucknow" and it was done by his parents.

"Hence he is entitled to be released on bail forthwith. Tazeen Fatima deserves to be given the benefit of Section 437 (1) Cr.P.C. being a woman and shall be enlarged on bail," the court said.

"Mohammad Azam Khan shall be released on bail only on the date the statement of the informant gets recorded," it said.

The court noted that the applicants have criminal histories, but in none of the cases they have been convicted by the court as clear from the material on record.