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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

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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                                                            920.ABA-2638.26.DOC




      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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                                                   920.ABA-2638.26.DOC




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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                                                  920.ABA-2638.26.DOC




            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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