HC cancels bail to Azam Khan’s former aide, orders his arrest

Fasahat joined the BJP in November last year in the run-up to the bypoll for the Rampur Vidhan Sabha seat, which was vacated after Azam was convicted in the 2019 hate speech case.

The FIR in the matter alleges that the complainant was living in an orphanage (Yateemkhana) at Sarai Gate in 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,” reads the court order, giving details of the case.

It says that “when the complainant objected and refused to vacate the premises, he was assaulted and threatened” with dire consequences. “The accused did not stop, they forcibly threw out the family members and demolished the house by running a bulldozer. It was further said that the accused looted Rs 20,000, which was kept in the house,” read the court order.

The HC court order said the trial court “has not considered the grievous nature of the offence nor did it consider the long criminal history of the accused-respondent while enlarging him on bail”.

The court also took note of the fact that the chargesheet in the case has been filed.

“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,” reads the order.

While setting aside the special court order, the High Court observed, “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 this Court while cancelling the bail of the accused-respondent, which was granted by the learned 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 surrenders or is arrested.”

BJP president for Rampur district unit Abhay Gupta said Fasahat had “merely extended support to the BJP last year”. “He had not taken membership but had come in support of the party. He is currently not an active member or a post holder in the party,” said Gupta.