← Library
High Court of DelhiBAIL APPLN./1018/2026

Yusuf Malik v. The State Of NCT Of Delhi

2026-03-16Hon'Ble Mr. Justice Manoj Jain3 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1018/2026 & CRL.M.A. 7750-7751/2026 YUSUF MALIK .....Petitioner Through:

Mr. Azhar Qayum, Mr. Shahamuddin Zahri, Ms. Priyanka Saxena, Mr.

Anmol Malhotra, Ms. Priyanka Singh, Mr. Devansh Sehgal and Mr. Zubair, Advocates.

[ versus THE STATE OF NCT OF DELHI .....Respondent Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Sonika Chaudhary.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 16.03.2026 1.

Applicant seeks regular bail in a case arising out of FIR No.0242/2025 dated 28.05.2025, for commission of offences under Sections 108/3(5) of Bharatiya Nyaya Sanhita, (BNS), 2023 (corresponding Sections 306/34 IPC), registered at P.S. Pandav Nagar, East (Delhi). 2.

The marriage between son of the petitioner i.e. Wasim and Shabana/deceased (daughter of the complainant) took place way back on 14.04.2014. However, there was matrimonial discord between the two and admittedly, the deceased had left her matrimonial home and was residing at her parental home since the year 2023.

3.

Unfortunately, on account of the alleged cruelty committed by her husband and in-laws, she committed suicide by hanging herself at her parental home on 26.05.2025 and she had also, allegedly, strangulated her own daughter before committing suicide.

4.

According to learned counsel for the applicant, the parents-in-law, on BAIL APPLN. 1018/2026 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

account of such matrimonial discord between their son and deceased had already severed all their times long back and in this regard, and had even come up with the public notice in newspaper in the year 2021. 5.

It is also submitted that the prosecution's case is false and fabricated since the suicide had taken place in the year 2023 and there is nothing on record which may indicate any specific overt act indicating instigation so as to make out any case of abetment, as even the alleged suicide note was recovered more than six months after the suicide in question. He also submits that there is no clarity about the genuineness of the abovesaid suicide notice as no admitted handwriting of the deceased was ever collected during the investigation and the alleged suicide note was never sent to forensic for necessary comparison.

6.

Learned counsel for the applicant supplements that the mother-in-law of the deceased was enlarged on anticipatory bail by this Court vide order dated 19.02.2026 and the allegation against the applicant are more or less similar, with the only addition that he has also, allegedly, outraged her modesty, as there is allegation of commission of offence under Section 354 IPC against him.

7.

Learned APP for the State appears on advance notice and as per the instructions received from the concerned I.O., he submits that charge-sheet has already been filed but informs that the prime accused i.e. son of the applicant is still at large.

8.

Learned counsel for the applicant submits that they have already disowned their son and, therefore, there are not in the thick of the things about his whereabouts.

9.

The case is presently at the stage of ascertainment of charges. BAIL APPLN. 1018/2026 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

However, the things would become amply clear only when there is a comprehensive trial.

10.

The applicant is, reportedly, in his late 50's with no previous involvement of any nature whatsoever.

11.

Keeping in mind the overall facts and circumstances of the case and without expressing any opinion over the merits of the case, the applicant is, hereby, directed to be released on bail on his furnishing personal bond in a sum of Rs. 25,000/- with one surety of like amount, subject to the satisfaction of learned Trial Court/CJM/Duty Magistrate with following conditions:- (i) The applicant would provide his Mobile Number to the concerned I.O and would ensure that such Mobile Number remains active and operational, till the disposal of the case by the learned Trial Court. (ii) The applicant would not try to come in contact of public witnesses, directly or indirectly.

12.

It is, however, clarified that the observations made hereinabove are tentative in nature and shall not be construed as final expression over the merits of the case and the learned Trial Court would be at liberty to proceed further with the matter and to ascertain charges, without being prejudiced by the observations made hereinabove.

13.

The application stands disposed of in aforesaid terms. 14.

Pending applications also stands disposed of. 15.

A copy of this order be immediately sent to the learned Trial Court and Jail Superintendent for information and necessary compliance. MANOJ JAIN, J MARCH 16, 2026/ss/sa BAIL APPLN. 1018/2026 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.