Suhaib Malik Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Suhaib Malik Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Suhaib Malik on execution of a personal bond and two reliable sureties each in the like amount, subject to conditions: (i) no tampering with evidence; (ii) no indulgence in criminal activity; (iii) no pressurizing/intimidating prosecution witnesses and co-operation in the trial; (iv) regular appearance on every date fixed by the trial court unless exemption granted; with liberty to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the accused-applicant Suhaib Malik should be enlarged on bail in Case Crime No. 364 of 2025 (Sections 333, 103 (1), 115 (2), 352 BNS), Police Station Kankarkheda, District Meerut.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment upon conviction, nature of supporting evidence, apprehension of tampering and prima facie case, but expressly without commenting on the merits, the Court found that a case for bail was made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Suhaib Malik is to be released on bail on executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to the stated conditions.

Key takeaways

In the event of breach of any of the bail conditions, the court below is at liberty to proceed to cancel the applicant's bail.ratio¶24

Detailed headnote1 paragraphs

BAIL GRANTED — Allahabad High Court (Ashutosh Srivastava, J.), decided September 18, 2025 in Criminal Misc. Bail Application No. 25185 of 2025 under Section 483 BNS moved by Suhaib Malik, in custody since 18.06.2025, for Case Crime No. 364 of 2025 (Sections 333, 103 (1), 115 (2), 352 BNS), P.S. Kankarkheda, District Meerut. Counsel urged that the applicant is not named in the FIR, his name having surfaced during investigation in the statement of main accused Sachin with no role assigned to him, and that the injury report discloses one lacerated wound 3cm x 0.5cm x skull deep Lt. eyebrow, simple in nature, caused by a hard and blunt object; the learned AGA opposed but could not dispute these facts. Considering the nature of accusations, severity of punishment, supporting evidence and apprehension of tampering, but without commenting on the merits, the Court held a case for bail was made out and allowed release on a personal bond and two reliable sureties each in the like amount, subject to conditions (no tampering with evidence, no criminal activity, no intimidation of prosecution witnesses, regular trial attendance), with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25185 of 2025

Suhaib Malik

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Vivek Singh : G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Vivek Singh, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Suhaib Malik , seeking enlargement on bail in Case Crime No. 364 of 2025, under Sections 333, 103 (1), 115 (2), 352 BNS, Police Station Kankarkheda, District Meerut.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 18.06.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.

Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has surfaced during investigation in the statement of main accused Sachin. The applicant has not concerned with the alleged incident and no role has been assigned to him in the alleged crime. As per the injury report of the injured, one lacerated wound 3cm x 0.5cm x skull deep Lt. eyebrow has been found on the person of injured, which is simple in nature and the same was caused by hard and blunt object. Hence, bail has been prayed for.

Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

BAIL No. 25185 of 2025

2

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Suhaib Malik involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

September 18, 2025

v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad