Allahabad High Court
RAJA QURAISHIversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Raja Quraishi, who was accused under Sections 3, 5A, 5B and 8 of the Cow Slaughter Act, Section 11 of the Prevention of Cruelty to Animals Act and Section 325 of the Indian Penal Code for alleged cow‑slaughter offences. The applicant claimed the allegations were false, that the police were hostile toward him and had repeatedly implicated him in similar cases, and that he had been in custody for almost a year despite having bail in his other 24 cases. The State opposed bail but did not dispute the factual contentions. The Court noted the applicant’s long pre‑trial detention, the alleged police inimical attitude, and the fact that most of his prior cases also related to cow‑slaughter, and concluded that these circumstances justified granting bail. Without commenting on the merits, the Court ordered the applicant’s release on personal bond and two sureties, subject to standard bail conditions. The order clarified that the observations were limited to bail and would not affect the trial’s merits.
Issues considered
- Whether bail should be granted to an accused charged under the Cow Slaughter Act, Prevention of Cruelty to Animals Act and IPC Section 325 despite a substantial criminal history.
- Whether alleged police hostility and false implication can be a factor in granting bail.
- Whether the length of pre‑trial detention (nearly one year) warrants bail.
Legislation cited
- Cow Slaughter Act — s. 3, 5A, 5B, 8
- Indian Penal Code — s. 325
- Prevention of Cruelty to Animals Act — s. 11
Subjects
- bail
- cow slaughter
- pre‑trial detention
- police antagonism
- criminal history
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37269 of 2025
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. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Sandeep Pandey, learned Advocate holding brief of Sri Kshitij
Tiwari, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi,
learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 286 of 2024, under Sections 3/5A/5B/8 Cow
Slaughter Act, Section 11 Prevention of Cruelty to Animals Act and Section
325 BNS, Police Station Chandauli, District Chandauli during pendency of
the trial.
3. Learned counsel for the applicant submits, however, as per allegation,
applicant also involved along with other accused in slaughtering of cows but
entire allegation leveled against applicant is totally false. He further submits,
even only allegation against him is that he used to provide help to the other
co-accused in passing through their vehicle.
4. He further submits, actually local police is highly inimical with the
applicant and used to falsely implicate him in false cases of cow slaughter
and due to previous police enmity applicant has been made accused in the
present matter by the police.
5. He further submits, however, apart from the present case applicant is
having criminal history of 24 cases but his entire criminal history has been
explained in the instant bail application and almost all the cases relate to cow
slaughter Act and this fact suggests that police is highly inimical with the
applicant. He further submits, even in all these cases applicant is on bail.
BAIL No. 37269 of 2025
2
6. He further submits, in the present matter applicant is in jail since
15.05.2025 i.e. for almost a year.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the
case.
9. However, as per allegation, applicant also involved along with other
accused in commission of slaughtering of cows and apart from the present
case applicant is having criminal history of 24 other cases but majority of the
cases relate to cow slaughter and considering this fact, the argument
advanced by learned counsel for applicant that police is highly inimical with
the applicant and used to falsely implicate him in false cases of cow
slaughter Act cannot be ruled out.
10. Further, in the present matter applicant is in jail since 15.05.2025 i.e. for
almost a year.
11. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
13. Let the applicant - Raja Quraishi be released on bail in the aforesaid
case on furnishing a personal bond and two sureties each in the like amount
to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
14. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
BAIL No. 37269 of 2025
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bail of the applicant.
15. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
May 5, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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