Bombay High Court
BILAL DASTAGIR KURESHI AND ANRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the petitioners subject to stringent conditions.
Summary
The petitioners, Bilal Dastagir Kureshi and another, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an FIR alleging illegal cattle slaughter, possession of arms, and offences under the IPC. The prosecution narrated a raid on a residence where cattle meat and slaughtering tools were seized, and the petitioners were named among eight accused. The petitioners contended they had no involvement and cited lack of material linking them to the crime, while the State highlighted the seriousness of the offence and the petitioners' prior antecedents. The court examined the material, noted that the petitioners were not found at the scene and that a charge‑sheet had already been filed, but also considered the antecedents. Consequently, the court granted anticipatory bail with a personal bond, sureties, weekly police reporting, and prohibitions on tampering with evidence or influencing witnesses. The order was limited to the bail application and not to influence the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the offences and their antecedents.
- Whether there is sufficient material evidence connecting the petitioners to the alleged illegal cattle slaughter and related offences.
- Whether imposing stringent conditions is appropriate when granting anticipatory bail in this case.
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 3(5)
- Indian Penal Code — s. 271, 325
- Maharashtra Animal Preservation Act, 1976 — s. 11, 5(b), 5(c), 9, 9(a)
Subjects
- anticipatory bail
- illegal cattle slaughter
- animal preservation
- arms act
- IPC
- bail conditions
- antecedents
Judgment
920.ABA-2638.26.DOC
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by PRACHI
PRACHI PRANESH
PRANESH
NANDIWADEKAR
NANDIWADEKAR CRIMINAL APPELLATE JURISDICTION
Date: 2026.10.01
14:21:17 +0530
ANTICIPATORY BAIL APPLICATION NO. 2638 OF 2026
Bilal Dastagir Kureshi & Anr. … Applicants
V/s.
State of Maharashtra …. Respondent
______________________
Ms. Sonali Chavhan a/w Ms. Ujma Pathan i/by Ms. Aishwarya R.
Tuwar, for the Applicants.
Mr. S. S. Ghag, APP for the Respondent No.1-State.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 29 SEPTEMBER 2026
P. C. :-
1. Heard Ms. Chavhan, learned counsel appearing for the
Applicants and Mr. Ghag, learned APP appearing for the
Respondent-State.
2. By this application filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 the Applicants are seeking pre-
arrest bail in connection with C.R. No.227 of 2026 registered with
Junnar Police Station, Pune for the offences punishable under
Sections 5(b), 5(c), 9, 9(a) and 11 of the Maharashtra Animal
Preservation Act, 1976, Sections 4 and 25 of the Arms Act, 1959
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and Sections 325 and 271 read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case is set out in paragraph nos.3 to 10 of
this Anticipatory Bail Application which reads as under :-
“3. The prosecution story as under :-
4. The complainant, Kailas Madhavrao Kendra, Police Constable
posted at Junnar Police Station, Pune Rural, has been serving at the
said police station for the last four years. On 15/07/2026 at 10:00
a.m., the complainant was assigned Dial 112 duty, which continued
until 16/07/2026 at 10:00 a.m.
5. On 16/07/2026 at about 4:00 a.m., while the complainant was
present at Junnar Police Station along with Police Officer Titme and
other police staff, Police Naik Gund received confidential
information that certain persons were illegally slaughtering cattle
in a room located behind the house of Furkan Ibrahim Bepari,
situated in front of Mohammadiya Madrasa at Mai Mohalla, Junnar.
Acting upon this information, the complainant, along with Police
Officer Titme and other staff members, proceeded to the location in
a private vehicle to verify the information. The police team reached
the spot at approximately 5:50 a.m. Upon arrival, the complainant
observed six to seven persons running from the room toward
another structure behind Furkan Ibrahim Bepari's house. The
complainant and the accompanying police staff immediately chased
them; however, due to darkness and the narrow lanes in the area,
the suspects managed to escape. During the inquiry, the
complainant learned that Furkan Ibrahim Bepari had entered his
adjoining residence. The complainant and the police staff rang the
doorbell and repeatedly requested that the occupants open the
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door. Furkan's sister, Shirin Ibrahim Bepari, was inside the house.
Even after the police identified themselves, she refused to open the
door for approximately fifteen to twenty minutes. During this
period, Furkan Ibrahim Bepari was allegedly allowed to escape
through the rear exit of the house.
6. Considering the circumstances, the complainant called for
additional police staff. Shortly thereafter, Police Naik Gund, Police
Constable Pathare, Police Constable Shinde, other police personnel,
and the RCP team arrived at the scene. Together, they conducted a
search of the room from which the suspects had fled. During the
inspection, the complainant found the skin and meat of a black-
and-white cow inside the room. Local residents informed the police
that the room belonged to Furkan Ibrahim Bepari. Two
independent panch witnesses were called, and a panchnama of the
scene was conducted. During the panchnama, slaughtered remains
of cattle and approximately 270 kilograms of beef were found
stored inside the room. The estimated value of the meat was
approximately Rs. 54,000.
7. While inspecting the premises, the complainant found three
motorcycle keys. Using the keys, the police identified and seized
the motorcycles parked nearby, namely:1. Suzuki Access bearing
registration No. MH-16-CL-2313. 2. Hero Honda Splendor bearing
registration No. MH-12-BX-9739.3. Honda Shine bearing
registration No. MH-14-KC-0914.
8. Additionally, another Hero Honda Splendor motorcycle bearing
registration No. MH-14-S-6171, along with iron slaughtering tools
and other articles allegedly used in the commission of the offence,
were seized. The total value of the seized property was
approximately Rs.2,44,000.
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9. A Veterinary Officer, Dr. Arvind Dhage, was called to the spot. In
the presence of the complainant and panch witnesses, samples of
the meat were collected, sealed, labeled, and preserved according
to procedure. The remaining meat was ordered to be destroyed.
Municipal sanitation staff and a municipal garbage vehicle were
called to the location. With the assistance of local personnel, the
meat was transported to the municipal dumping ground, where a
pit was excavated using a JCB machine and the meat was destroyed
in the presence of witnesses.
10. During the course of the investigation, the complainant learned
that the accused persons had allegedly been engaged in the illegal
slaughter of cattle for financial gain. Due to fear and intimidation
in the locality, residents were reluctant to come forward openly and
provide information against the accused. Based on the information
received, the evidence found at the scene, the seizure of meat,
vehicles, and slaughtering instruments, and the circumstances
observed by the complainant during the raid, the complainant had
reason to believe that the accused persons, namely: 1. Furkan
Ibrahim Bepari, 2. Bilal Dastgir Qureshi,3. Rehan Dastgir Qureshi,
4. Muzzamil Mutallib Qureshi, 5. Sameer Sohail Qureshi, 6. Adnan
Altab Bepari, 7. Shirin Ibrahim Bepari, and 8. Atiq Ahmed Qureshi,
all residents of Mai Mohalla, Junnar, Taluka Junnar, District Pune,
were involved in the illegal and organized slaughter of cattle for
financial gain. Therefore, the complainant lodged the present
complaint against the above-named accused persons under the
relevant provisions of the Maharashtra Animal Preservation Act, the
Bharatiya Nyaya Sanhita/Indian Penal Code, the Arms Act, and
other applicable laws. After the complaint was typed and read over,
the complainant verified that its contents were true and correct
according to the complainant's knowledge, observations, and
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information received during the course of duty. Base on this
allegation FIR registered against the Applicant. Copy of the F.I.R is
annexed herewith and marked as Exhibit A.”
4. It is the contention of the learned counsel appearing for the
Applicant that the Applicants are not involved in the crime. There
is no material connecting the Applicants with crime. She submits
that as there are 3 earlier FIRs against Applicant No.1 and 4 FIRs
against Applicant No.2 of similar nature and therefore F.I.R has
been filed against the present Applicants. She submits that there
are total 8 Accused. The Applicants are the Accused Nos.2 and 4.
Applicant Nos.3, 6 and 8 have been arrested and released on
regular bail. Accused No.5 has been granted Anticipatory Bail by
the learned Sessions Judge. She further submits that charge-sheet
has been filed on 16 September 2026 against the arrested accused
and thus, investigation is completed.
5. On the other hand, learned APP for the Respondent-State
submits that offence is very serious. There are 3 antecedents
against Applicant No.1 and 4 antecedents against Applicant No.2
of similar nature and, therefore, the Application be dismissed.
6. Perusal of the record shows that even as per the prosecution
case, the Applicants were not found at the place of incident.
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Charge-sheet is already filed against the Applicants who have been
arrested. Thus, practically, the investigation is completed.
7. Accordingly, the case is made for a grant of anticipatory bail,
however, as there are several antecedents, stringent conditions are
required to be imposed. Accordingly, following order is passed :-
ORDER
(a) In the event of arrest of the Applicants in connection
with C.R. No.227 of 2026 registered with Junnar
Police Station, Pune, the Applicants are directed to be
released on bail on furnishing P.R. Bond in the sum of
Rs.30,000/- each with one or two solvent sureties
each in the like amount.
(b) The Applicants shall attend the concerned Police
Station once a week on every Monday between 11:00
a.m. to 01:00 p.m.
(c) The Applicants shall furnish their cell phone number
and residential address to the Investigating Officer
and shall keep the same updated, in case of any
change thereto.
(d) The Applicants shall not directly or indirectly make
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any inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(e) The Applicants shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
8. The observations made in this order are only for the purpose
of considering the anticipatory bail application and the learned
Trial Court shall not be influenced by these observations.
9. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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