Allahabad High Court

MOHD EKHLAQ MALIKversusSTATE OF U.P.

Decided: 27 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The High Court held that bail should be granted to the accused, subject to conditions, as a prima facie case for bail exists.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Mohd Ekhlaq Malik, who was in custody for offences under Sections 318(4), 338, 336(2) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant contended that he was falsely implicated, that his name did not appear in the FIR and that the only evidence against him were witness statements and his own confessional statement under Section 180. The State opposed bail, arguing the seriousness of the charges and the risk of tampering with witnesses. The Court examined the nature of the accusations, the severity of the punishments, the paucity of material evidence, and the possibility of witness intimidation. Finding a prima facie case for bail and no compelling reason to keep the applicant detained, the Court allowed the bail application subject to standard conditions. The order directed the applicant to execute a personal bond, provide two sureties, and comply with conditions prohibiting tampering, criminal activity, and intimidation of witnesses.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of offences and the evidence on record
Whether there is a reasonable risk of witness tampering or intimidation that warrants denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 180, 318(4), 336(2), 338, 340(2)

Subjects

bail
criminal procedure
witness tampering
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
Section 483
Sections 318, 336, 338, 340

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4937 of 2026

Mohd Ekhlaq Malik
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Shweta Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Short counter affidavit filed by learned A.G.A., today in the Court, which is
taken on record.

Heard Shri I.M. Khan, learned Senior Counsel assisted by Sri Sunil Kumar
and Ms. Shweta Pandey, learned counsel for the applicant, Shri Punit Kumar
Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Mohd.
Ekhlaq Malik, seeking enlargement on bail in Case Crime No. 838 of 2025,
under Sections 318(4), 338, 336(2) and 340(2) of the Bharatiya Nyaya
Sanhita, 2023, Police Station Civil Lines, District Moradabad during the
pendency of the trial before the Court below. The bail application of the
applicant before the court below has been rejected by the learned Additional
District and Sessions Judge, Court No. 4, Moradabad vide order dated
17.01.2026 and the applicant is stated to be languishing in jail since
22.11.2025.

Learned Senior Counsel appearing for the applicant vehemently contends
that the applicant is entirely innocent and has been falsely implicated in this
very case crime number for ulterior purposes. Learned Senior Counsel
further submits that the applicant is not named in the F.I.R. and his name has
surfaced during the investigating, in the statement of the witnesses Vikki,
Smt. Shakuntala and Rohit. It is argued that except the statement of the
witnesses Vikki, Smt. Shakuntla, Rohit and the confessional statement of the
applicant recorded u/s 180 B.N.S.S., no other evidence has been able to be
BAIL No. 4937 of 2026
2

collected by the I.O. to establish crime. It is further argued that no forge
documents or any other implicating material has been recovered from the
possession of the applicant to connect him to the crime. It is also argued that
actual owner of the goods loaded on the vehicle i.e. co-accused Danish @
Itlefat Alam @ Iltefat Alam has already been enlarged on bail by co-
ordinate Bench of this Court vide order dated 20.03.2023 passed in Crl.
Misc. Bail Application No. 1842 of 2026. The applicant has criminal history
of two cases (including the present case) which has been duly explained.
Charge-sheet has already been filed. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

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, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Mohd. Ekhlaq 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:

1. The applicant will not tamper with the evidence.

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

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

4. 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.)
March 28, 2026
Vibha Singh

Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad

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