Allahabad High Court
MOHD SAMSAD QURAISHIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant under Section 482 CrPC.
Summary
The High Court considered an anticipatory bail application filed by Mohd Samsad Quraishi under Section 482 CrPC in a case under the U.P. Prevention of Cow Slaughter Act. The applicant argued that he was falsely implicated, not named in the FIR, and that his alleged involvement rested solely on a co‑accused’s confessional statement. The State opposed the bail but did not dispute the similarity of the applicant’s situation to that of other co‑accused who had already been granted anticipatory bail. Noting that the applicant has no criminal record and that similar co‑accused were released on bail, the Court, without expressing an opinion on the merits, decided to enlarge anticipatory bail. The order imposed standard bail conditions and clarified that any breach could lead to cancellation.
Issues considered
- Whether anticipatory bail should be granted to an individual not named in the FIR but implicated solely on a co‑accused’s confession
- Whether the applicant’s lack of prior criminal record and the grant of bail to similar co‑accused justify anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- anticipatory bail
- Section 482 CrPC
- U.P. Prevention of Cow Slaughter Act
- false implication
- FIR
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9603 of 2026
Mohd Samsad Quraishi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Maya Shankar Yadav, Ramkripal
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.163 of 2025, under Section 3/5A/5B/8 of
U.P. Prevention of Cow Slaughter Act and Section 61(2) BNS, Police
Station- Raipur, District- Sonbhadra, with a prayer to enlarge him on
anticipatory bail as the applicant apprehends his arrest in the above-
mentioned case.
3. The Learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. The applicant is not named in
the First Information Report. The applicant has been falsely implicated in
the present case only on the basis of the confessional statement of the co-
accused. The co-accused, Bhagwan Singh Yadav and Pramod Harijan @
Pramod, who are named in the First Information Report, have been
enlarged on anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS Nos. - 2168 of
2026 and 5174 of 2026. The applicant has no criminal antecedents and he
is not a previous convict. Co-accused Md. Shahzad Quraishi has also been
enlarged on anticipatory bail by this Court vide order dated 04.08.2026
in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS Nos. - 7825 of 2026.
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2
4. The Learned AGA, on the other hand, has opposed the prayer for grant
of anticipatory bail, however, could not dispute the fact that the case of
the applicant stands on a similar footing to that of the co-accused.
5. I have considered the submissions made by Learned counsel for the
parties.
6. The applicant is not named in the First Information Report. Similarly
situated co-accused Pramod Harijan @ Pramod, has been granted
anticipatory bail by this Court. The co-accused Bhagwan Singh Yadav,
who is stated to have a criminal history of ten cases, has also been
enlarged on anticipatory bail by this Court. Co-accused Md. Shahzad
Quraishi has also been enlarged on anticipatory bail by this Court. The
case of the applicant stands on a better footing to that of the co-accused.
7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant
is allowed.
9. In the event of the arrest of the applicant Mohd Samsad Quraishi, he
shall be released forthwith in the aforesaid case crime on anticipatory bail
on furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-
i. the applicant shall make himself available for interrogation by a police
officer as and when required;
ii. that 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;
iii. that the applicant shall not leave India without the previous permission
of the Court;
NABAIL No. 9603 of 2026
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iv. that the applicant shall not pressurize/intimidate the prosecution
witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
September 16, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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