Allahabad High Court
ABBAS QURAISHIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Bail is granted to Abbas Quraishi subject to personal bond, sureties and conditions of non‑tampering, non‑intimidation, and regular appearance.
Summary
Abbas Quraishi was arrested along with three co‑accused for allegedly transporting five live buffaloes and one dead buffalo, facing charges under Sections 317(2), 317(4), 325 of the B.N.S. and Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. The applicant contended that he was falsely implicated and pointed out that the similarly situated co‑accused had already been granted bail in separate applications. The State opposed bail but could not refute the precedent of bail being granted to the other accused. The Court, after considering the facts and noting that the applicant is not a prior convict, found a prima facie case for bail and ordered his release on personal bond and two sureties, subject to standard conditions. The order also directed electronic transmission of the bail order to the jail to ensure prompt release.
Issues considered
- Whether bail should be granted to the applicant despite the nature of the offences involving animal cruelty and transport of live animals.
- Whether the applicant poses a risk of tampering with evidence, intimidating witnesses, or committing further offences.
- Whether the grant of bail to co‑accused creates a precedent that obliges the Court to grant bail to the applicant.
Legislation cited
- B.N.S. — s. 317(2), 317(4), 325
- Prevention of Cruelty to Animals Act, 1960 — s. 11(1)(d)
Subjects
- bail
- criminal procedure
- animal cruelty
- prima facie case
- conditions of bail
- non‑convict
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15438 of 2026
Abbas Quraishi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prabhakar Dwivedi, Shams Tabrez Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 526 of 2025, under Sections 317(2),
317(4), 325 of the B.N.S. and Section 11(1)(d) of the Prevention of
Cruelty to Animals Act, 1960, Police Station- Talbehat, District- Lalitpur,
during the pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. Learned counsel further
contends that the applicant has been arrested along with co-accused,
Pratap Kumar alias Pintu, Mukul Valmiki and Irfan Kuraishi, having in
their possession mobile phones and certain cash. From the vehicle, in
which the applicant and other co-accused were said to be traveling, five
live animals and one dead buffalo were recovered. Similarly situated co-
accused, Pratap Kumar alias Pintu, Mukul Valmiki and Irfan Kuraishi
have been granted bail by this Court in Bail Application Nos.4383 of
2026, 9597 of 2026 and 6820 of 2026. The applicant has a criminal
history of two cases other than the present case, which have been
explained in paragraph No.18 of the affidavit accompanying bail
application. The applicant is not a previous convict.
4. The learned A.G.A. has opposed the prayer for bail, however, could not
dispute the fact that similarly situated co-accused have been granted bail
by this Court.
5. I have considered the submissions made by the learned counsel for the
BAIL No. 15438 of 2026
2
parties.
6. The applicant and the other co-accused were supposedly arrested by the
police while traveling in a vehicle which was carrying five live buffaloes
and one dead buffalo. Similarly situated co-accused have been granted
bail by this Court. The applicant is not a previous convict. He is in jail
since 14.12.2025.
7. Taking into considering the entire facts and circumstances of the case
and without expressing any opinion on the merits of the case, a prima
facie case for grant of bail is made out.
8. Let the applicant - Abbas Quraishi, involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the Court
concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.
9. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel his/her bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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