Allahabad High Court
MOHD AZAD QURESHI ALIAS AZAD QURESHI ALIAS BHAIJAANversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail should be granted to the accused, subject to conditions, as the requirements under Section 483 were satisfied.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Mohd Azad Qureshi, who was in custody for offences under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 3, 5A and 8 of the Arms Act, Sections 3, 5A and 8 of the U.P. Prevention of Cow Slaughter Act, and Section 11 of the Prevention of Cruelty to Animals Act. The applicant claimed innocence, no criminal antecedents, and pointed to the bail granted to a co‑accused in a similar case. The State opposed bail but could not refute the applicant's factual contentions. The Court noted the seriousness of the charges, the possibility of witness tampering, and the existence of a prima facie case, yet found no compelling reason to deny bail. Consequently, the Court ordered the release of the applicant on bail subject to standard conditions. The bail order was issued on 19 March 2026.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under the Bharatiya Nyaya Sanhita, Arms Act, U.P. Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act?
Legislation cited
- Arms Act — s. 3, 5A, 8
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 61(2)
- Prevention of Cruelty to Animals Act — s. 11
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Prevention of Cow Slaughter
- Prevention of Cruelty to Animals
- prima facie case
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8345 of 2026
Mohd Azad Qureshi Alias Azad Qureshi Alias
Bhaijaan .....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramkripal Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Punit Kumar Singh, learned
AGA for the State-Respondent and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of the accused-applicant seeking
enlargement on bail in Case Crime No. 386 of 2025, under Sections 61(2) of
the Bharatiya Nyaya Sanhita, 2023, Section 3/5A/8 of Arms Act, Section
3/5A/8 of U.P. Prevention of Cow Slaughter Act, and Section 11 of
Prevention of Cruelty to Animals Act, Police Station Adalhat, District
Mirzapur.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 02.02.2026. Learned counsel for the applicant
submits that similarly circumstanced co-accused Afzal Ahmad has already
been enlarged on bail by this Court vide order dated 25.02.2026 in Criminal
Misc. Bail Application No. 4077 of 2026. Applicant is not named in the
F.I.R. He submits that the applicant has no criminal antecedent to his credit.
He further submits that there is no likelihood of his fleeing from course of
justice or tampering with evidence in case of release on bail. Hence, bail has
been prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact. Considering all above facts and
circumstances, the nature of accusations, severity of the punishment in the
case of conviction and nature of supporting evidence, reasonable
apprehension of tampering with the witness and prima facie case, but
without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
BAIL No. 8345 of 2026
2
Let the accused-applicant, Mohd. Azad Qureshi alias Azad Qureshi alias
Bhaijaan, involved in above mentioned case crime number be released on
bail, on his executing a personal bond and two reliable sureties each, in the
like amount to the satisfaction of the court concerned, subject to the
following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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