Allowed¶18

Malkhe v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC24 Feb 2026BAIL/44/2025

Case brief

AI extract

What is this about?

Malkhe v. State of U.P.; Crl. Misc. Bail Application No. 44 of 2025; Allahabad High Court Lucknow Bench; Rajeev Bharti, J.; decided February 24, 2026; bail allowed; FIR/Case Crime No. 133 of 2023; Sections 307, 504, 506 IPC; Police Station Kamlapur; District Sitapur; knife not recovered; in jail since 13.10.2023; no criminal antecedents; counsel Ram Milan Yadav and Om Prakash Yadav for applicant; G.A. for State.

What did the court decide?

Applicant Malkhe to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not tamper with prosecution evidence; (ii) not pressurize prosecution witnesses; (iii) appear on each and every date fixed by the trial Court; trial court may impose any other conditions deemed fit. ¶18

Malkhe vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 44 of 2025

Malkhe

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) Counsel for Applicant(s) : Ram Milan Yadav, Om Prakash Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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In the prosecution case, it is alleged that on 29.04.2023, during a wedding function, the accused, under the influence of alcohol and due to prior dispute, assaulted the informant’s husband by stabbing him in the abdomen with a knife. As a result of the knife injury, he fell on the spot and the accused fled after extending threats to kill.

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Learned counsel for the applicant submits that the applicant has no criminal antecedents and he is languishing in jail since 13.10.2023.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

¶14

Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, as the alleged knife which was used during the incident has not been recovered, as also the period for which the applicant is in jail i.e. since 13.10.2023; as also the fact that the applicant has no previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit

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BAIL No. 44 of 2025

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¶17

case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

¶19

Let the applicant- Malkhe involved in Case Crime/FIR No.133/2023, Under Sections- 307, 504, 506 IPC, Police Station- Kamlapur, District- Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial Court.

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Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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(Rajeev Bharti,J.)

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February 24, 2026

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V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Malkhe v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

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Malkhe v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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