Allahabad High Court

JAVED MALIKversusSTATE OF U.P.

Decided: 1 April 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court held that the applicant’s lack of criminal history, alleged false implication and absence of a prima facie case warranted the grant of bail with conditions.

Summary

Javed Malik applied for enlargement of bail in a case pending before the Sessions Court where he was charged under Sections 420, 467, 468 and 471 IPC for alleged involvement in a fictitious GST‑evading firm. The trial court had rejected his bail and he had been in custody since December 2025. Counsel for the applicant argued that he is innocent, has no connection with the alleged firm, was added as a seventh accused based on a confessional statement of another accused, and possesses no criminal record. The State opposed bail, citing the seriousness of the offences and risk of witness tampering. The High Court, after noting the lack of prima facie evidence against the applicant, his clean record and the possibility of false implication, allowed the bail application subject to standard conditions.

Issues considered

Whether bail can be granted to an accused charged with offences under Sections 420, 467, 468 and 471 IPC despite the seriousness of the alleged crimes
Whether there is a prima facie case against the applicant justifying denial of bail
Whether the risk of witness tampering or misuse of liberty outweighs the applicant's right to bail

Legislation cited

Indian Penal Code — s. 420, 467, 468, 471

Subjects

bail
IPC 420
IPC 467
IPC 468
IPC 471
false implication
witness tampering
high court
Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9427 of 2026

Javed Malik
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Anand Prakash Dubey, Prashant Kumar
Dubey
Counsel for Opposite Party(s) : G.A.

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

Heard Shri A.M. Pandey under the authority of Shri Anand Prakash
Dubey, learned counsel for the applicant, Shri Vijendra Kumar, learned
AGA for the State and perused the records.

The instant bail application at the instance of applicant Javed Malik has
been filed seeking enlargement on bail in Case Crime No. 140 of 2024,
under Section 420, 467, 468, 471 IPC, Police Station Lohamandi, District
Agra, 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 Sessions Judge, Agra vide order dated 9.3.2026 and the
applicant has been languishing in jail since 27.12.2025.

Learned counsel for the applicant has vehemently argued that the
applicant is entirely innocent and has been falsely implicated in this very
case crime number for ulterior motives. The FIR has been lodged
nominating one Arpit Sharma with the allegation that a firm, namely, M/s
Sharma Enterprises, House No. 170 Kunj, Phase-2, Akbar Road, Blood
Bank, Kamla Nagar, Agra is registered on the GST Portal with GSTIN
No. 09QBXPS2197L1Z1 and its proprietor is Aprit Sharma. On
inspection, it was found that the firm is non existent at the address
mentioned. The owner of the premises has also denied the existence of the
firm or its proprietor and also denied the fact of renting the same to any
Arpit Sharma. It is alleged that the fictitious firm is involved in the GST
evasion.
BAIL No. 9427 of 2026
2

Learned counsel for the applicant has vehemently argued that the
applicant has no connection whatsoever with the firm M/s Sharma
Enterprises and has no dealings with it. The applicant is not named in the
FIR. He is the proprietor of M/s Kapeshwar Enterprises, Khasra No. 35,
Opp. A-14A, Village Gharhi Chokandi, Sector 68, Noida, Gautam
Buddha Nagar U.P., and his firm is registered with GST since, 2018. The
applicant is an income tax payee and is involved in the purchase of iron
scrap from various firms through one Dilshad. The applicant has legally
purchased goods through the said Dilshad on valid/legal bills and paid for
the goods through Bank. All the bills have been uploaded on the GST
Portal. The dealing of the applicant is with genuine registered firms.

Learned counsel for the applicant submits that recovery memo itself
shows that during alleged six persons were apprehended by the Police.
Later on, on the basis of confessional statement of main accused Dilshad
Malik, applicant has been falsely implicated in this case and added as
seventh accused without any justification or explanation. Learned counsel
for the applicant submits that one Hundai Creta car, one mobile phone i.e.
iPhone17 Pro having mobile number 9897051041 and a sum of Rs.700/-
were recorded from the possession of the applicant and all the materials
belongs to the applicant. Applicant is a small property dealer and earns
his livelihood through property brokerage. Learned counsel for the
applicant submits that similarly circumstanced co-accused Ramesh Patel has
already been enlarged on bail by this Court on 30.3.2026 in Criminal Misc.
Bail Application No. 10576 of 2026. The applicant has no criminal history
and no offence under Sections 420, 467, 468, 471 IPC can be said to be
made out against the applicant. The applicant undertakes to cooperate in
the trial and shall not misuse the liberty of bail, if the same is granted to
the applicant. Hence, bail is 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.
BAIL No. 9427 of 2026
3

Let the accused-applicant, Javed 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.)
April 2, 2026
Ravi Prakash

Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad

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