Mohd Suhail Vs State of NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

Mohd Suhail Vs State of NCT of Delhi — Murder and Culpable Homicide | Delhi HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶para 8 (¶21)

Issue for consideration

Whether applicant Mohd Suhail is entitled to anticipatory bail in FIR No. 50/2026, Police Station Welcome, his counsel contending that the FIR records no eyewitness version, that it was a blind murder, and that the police are pursuing him without incriminating material.

¶para 1 (¶12)

Court's answer

An FIR need not be an encyclopaedia of the entire case of the prosecution; during investigation the police have been able to collect CCTV footage and record the testimony of an eyewitness, which answers the applicant's contention that the absence of an eyewitness version in the FIR leaves the case without incriminating material.

¶para 6 (¶19)

Ratio / Principle

Keeping in mind the gravity of the matter and the manner in which more than nine bullets were pumped into Faizan @ Fazzi, custodial interrogation of the applicant is imperative; anticipatory bail cannot be granted.

¶para 7 (¶20)

Key takeaways

Finding no merit or substance in the present bail application, the same is dismissed.ratio¶para 8 (¶21)

Detailed headnote1 paragraphs

Delhi High Court (Manoj Jain, J.), by order dated 08.04.2026 in BAIL APPLN. 1360/2026, dismissed the anticipatory bail application of Mohd Suhail in FIR No. 50/2026, Police Station Welcome, for offences under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 302 IPC) and Sections 25/27 of Arms Act, 1959, arising out of the fatal shooting of Faizan @ Fazzi at Kings Cafe, Kabir Nagar. Rejecting the contention that the FIR recorded no eyewitness version and that it was a blind murder, the Court held that an FIR need not be an encyclopaedia of the entire prosecution case, since during investigation the police collected CCTV footage from the nearby area (indicating, per the Addl. P.P., the presence and complicity of all three accused, including the applicant) and recorded a comprehensive eyewitness statement of Mohd. Zama naming Mohd. Suhail @ Hakla, Mohd. Moin Qureshi @ Kala and Sahil, per which Moin Qureshi fired at the deceased. Observing the gravity of the matter and that more than nine bullets were pumped into Faizan @ Fazzi, the Court held custodial interrogation of the applicant imperative and dismissed the application finding no merit or substance in it.

$~85

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 1360/2026

MOHD SUHAIL .....Petitioner Through: Mr. Anurag Jain, Mr. M. Ahmad, Mr. M.A. Khan and Mr. M.K. Khan, Advocates

versus

STATE OF NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for State Insp. Ginender Singh and SI Vikram Singh, PS Welcome

CORAM: HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R % 08.04.2026

CRL.M.A. 10669/2026 (for exemption)

Exemption allowed, subject to all just exceptions.

BAIL APPLN. 1360/2026

Applicant seeks anticipatory bail in case FIR No. 50/2026 registered at Police Station Welcome for commission of offences under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 302 IPC) and under Sections 25/27 of Arms Act, 1959.

Anticipatory bail is being sought for the reason that FIR does not record any version of any eyewitness. According to learned counsel for applicant, it was a blind murder and police is after the applicant, without any incriminating material.

BAIL APPLN. 1360/2026 1

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/04/2026 at 11:10:03

Aforesaid FIR was registered on the basis of information given by Mohd. Zama, who informed that a shooting incident had taken place at Kings Cafe situated at Kabir Nagar, Delhi. One Faizan @ Fazzi was shot dead in the aforesaid incident.

During investigation, police has been able to record comprehensive statement of Mohd. Zama. He is eyewitness of the incident in question and has also named all the three offenders i.e. Mohd. Suhail @ Hakla, Mohd. Moin Qureshi @ Kala and Sahil and as per specific statement, they all had come together and Mohd. Moin Qureshi @ Kala had taken out a pistoal and shot Faizan @ Fazzi.

Learned Addl. P.P. for State also submits that even CCTV footage has been collected from the nearby area which clearly indicates the presence and complicity of al the three accused persons, including applicant herein. 6. Moreover, FIR need not be encyclopaedia of the entire case of prosecution. During investigation, police has been able to collect CCT footage and has been able to record testimony of eyewitness.

Keeping in mind in the gravity of the matter and the manner in which more than nine bullets were pumped in Faizan @ Fazzi, custodial interrogation of the applicant herein would be imperative.

Finding no merit or substance in the present bail application, the same is hereby dismissed.

MANOJ JAIN, J

APRIL 8, 2026/ dr/js

BAIL APPLN. 1360/2026 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/04/2026 at 11:10:03