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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2021

(Arising out of SLP(Crl.)No.2717 of 2021)

MOHAMMAD AZAM KHAN Appellant(s)

VERSUS

THE STATE OF UTTAR PRADESH Respondent(s)

WITH

CRIMINAL APPEAL NO. OF 2021

(Arising out of SLP(Crl.)No. 2655 of 2021)

O R D E R

Leave granted.

These appeals take exception to the judgment and

order dated 26.11.2020 passed by the High Court of

Judicature at Allahabad in Criminal Misc. Bail

Application Nos. 27852 and 27990 of 2020 concerning the

FIR No.980 of 2019 dated 06.12.2019 registered at P.S:

Civil Lines, District Rampur, Uttar Pradesh for offences

punishable under Sections 420, 467, 468, 471 and 120 of

Indian Penal Code and FIR No. 04 dated 03.01.2019

registered at P.S: Ganj, District Rampur, Uttar Pradesh

for offence punishable under Sections 193, 420, 467, 468,

and 471 of Indian Penal Code.

Digitally signed by

DEEPAK SINGH

Date: 2021.08.11

17:13:18 IST

Reason:

Signature Not Verified

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After hearing learned counsel for the parties and

considering the fact that the investigation in connection

with the stated offences has been completed and

chargesheet has been filed on 27.05.2020 and that the

Trial Court has taken cognizance of the offence, the

continued custody of the appellants may not be necessary

for the purpose of further investigation and trial.

Indeed, if the appellants are to be released on bail

in connection with stated offences, they must abide by

all strict conditions as may be imposed by the Trial

Court for releasing them on bail in terms of this order,

including not to influence the witnesses or tamper with

the prosecution evidence, in any manner. However, in view

of the apprehension expressed, we direct release of the

appellants only after recording of the statement of the

informant(s) to be done by the Trial Court not later than

four weeks from today.

The prosecution/Investigating Officer must ensure

that the informant(s) remains present before the Court on

16.08.2021 when the recording of statement may proceed

subject to orders to be passed on discharge application

which we are informed is slated to be heard on

11.08.2021.

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As aforesaid, the recording of evidence of the

informant shall be completed within four weeks from today

and compliance report submitted to this Court in that

regard within same time period.

The appellants through counsel undertake to extend

full cooperation to the Trial Court for recording of

evidence of informant(s) within the specified time.

Accordingly, in the facts of the present case, we

deem it appropriate to direct release of the appellants

(Mohammad Azam Khan and Mohammad Abdullah Azam) on bail

on terms and conditions to be imposed by the trial court

in connection with FIR No.980 of 2019 and FIR No.04 of

2019, albeit after the statement of informant(s) is

recorded by the Trial Court within the time as

stipulated.

The appeals are disposed of in the above terms.

Pending applications, if any, stand disposed of.

…...................J

(A.M. KHANWILKAR)

…...................J

(SANJIV KHANNA )

New Delhi;

August 10, 2021.

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ITEM NO.4 Court 4 (Video Conferencing) SECTION II

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 2717/2021

(Arising out of impugned final judgment and order dated 26-11-2020

in CRMBA No. 27852/2020 passed by the High Court of Judicature at

Allahabad)

MOHAMMAD AZAM KHAN

Petitioner(s)

VERSUS

STATE OF UTTAR PRADESH

Respondent(s)

IA No. 72708/2021 - EX-PARTE BAIL

IA No. 72710/2021 - EXEMPTION FROM FILING AFFIDAVIT

WITH

SLP(Crl) No. 2655/20