Allahabad High Court
RAJA QURAISHIversusSTATE OF U.P.
- Decided
Holding
The court held that the case was fit for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite the applicant’s prior record and the confessional statement, subject to strict conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Raja Quraishi, who was charged under the Cow Slaughter Act (sections 3, 5A, 5B, 8), the Animal Cruelty Act (section 11) and Section 429 of the IPC for allegedly transporting six alive cows. The applicant’s name appeared in a co‑accused’s confessional statement and he has a history of 24 prior cases, of which he is on bail in most. The State opposed bail, citing his habitual offending, while the applicant argued that he had been in custody since 30‑April‑2025 and that the trial was likely to be protracted. After reviewing the record, the court found the matter suitable for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail can be granted under Section 483 B.N.S.S. to an accused with a substantial criminal history and alleged involvement in the offence.
- Whether the presence of the accused’s name in a co‑accused’s confessional statement warrants denial of bail.
- Whether the anticipated delay in trial justifies the grant of bail.
Legislation cited
- Animal Cruelty Act — s. 11
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 5A, 5B, 8
- Indian Penal Code — s. 429
Subjects
- bail
- criminal procedure
- cow slaughter
- animal cruelty
- habitual offender
- confessional statement
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14278 of 2026
Raja Quraishi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Kshitij Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sandeep Pandey, Advocate, holding brief of Sri Kshitij Tiwari, learned
counsel for the applicant, Sri Ashish Kumar Tripathi, learned AGA for the State-
respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail Case Crime No. 219 of 2024 under Section 3/5A/5B/8 Cow Slaughter Act,
Section 11 of Animal Cruelty Act and section 429 IPC, Police Station Chakiya,
District Chandauli during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant is said to have
fled away from the place of occurrence. It is further submitted that as per the FIR, six
alive cows are said to have been recovered from a vehicle in which other co-accused
persons were found travelling and name of the applicant has surfaced in the
confessional statement of co-accused Ajay Gupta who has been granted bail by a Co-
ordinate Bench of this Court vide order dated 20.3.2025 passed in Crl. Misc. Bail
Application No. 46277 of 2024. It is further submitted that applicant has criminal
history of 24 cases which has been explained in the memo of application and he is on
bail in most of the said cases. It is further submitted that applicant has been
languishing in jail since 30.4.2025 and he undertakes that he will not misuse the
liberty, if granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the
applicant and submits that applicant is habitual offender and he has long criminal
history of 24 cases.
5. Six alive cows are said to have been recovered from a vehicle in which, co-accused
Ajay Gupta and Shahid Afridi were found travelling. Name of the applicant has
surfaced in the confessional statement of co-accused Ajay Gupta who has been
BAIL No. 14278 of 2026
2
granted bail by a Co-ordinate Bench of this Court. Applicant has criminal history of
24 cases which has been explained in the memo of application and he is in jail since
30.4.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Raja Quraishi involved in the aforesaid case crime be released on
bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the
like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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