Allahabad High Court
SERAJUDDIN QURAISHI @ BACHAUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Serajuddin Quraishi, was charged under Sections 3, 5 and 8 of the Cow Slaughter Act and Sections 4 and 25 of the Arms Act in Crime No. 0304 of 2026, Chandauli. He applied for bail during the pendency of trial. The Court examined the facts, the evidence, and noted that a co‑accused, Raju Kuraishi, had already been granted bail in a similar case, and that the applicant had no prior criminal record. On the basis of parity and the absence of any adverse material, the Court found that the applicant had made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the Cow Slaughter Act and Arms Act charges considering the seriousness of the offences, the applicant's lack of criminal history, and the bail granted to a co‑accused.
Legislation cited
- Arms Act — s. 25, 4
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Cow Slaughter Act
- Arms Act
- parity
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32764 of 2026
Serajuddin Quraishi @ Bachau
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Arvind Singh, Udayveer Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 91 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Arvind Singh, learned counsel for the applicant and Sri Rajendra Prasad
Singh, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 0304 of 2026, under Sections 3/5/8 of Cow
Slaughter Act and 4/25 of Arms Act, Police Station - Mughal Sarai, District -
Chandauli, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration
that similarly placed co-accused person, Raju Kuraishi, has already been enlarged on
bail by this Court vide order dated 31.08.2026 passed in Criminal Misc. Bail
Application No. 30256 of 2026 coupled with the fact that the applicant has no criminal
history, this Court prima facie is of the view that the applicant has made out a case for
bail.
5. Accordingly, the bail application is allowed on the ground of parity. Let the
applicant- Serajuddin Quraishi @ Bachau, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…