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Abbas Quraishi vs State Of U.P.

Allahabad High Court6 May 2026

Ratio decidendi

The rule this decision rests on

Where co-accused persons in the same case have been granted bail by the court, and the applicant is not a previous convict and has been in custody for a substantial period, bail may be granted during the pendency of trial on the basis that a prima facie case for bail is made out, without expressing any opinion on the merits of the case. Where bail is granted, the court may impose conditions including the furnishing of personal bond and sureties, and the trial court retains liberty to cancel bail upon breach of such conditions.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

HIGH COURT OF JUDICATURE AT ALLAHABADNeutral Citation No. - 2026:AHC:105057HIGH COURT OF JUDICATURE AT ALLAHABADCRIMINAL MISC. BAIL APPLICATION No. - 15438 of 2026Abbas Quraishi.....Applicant(s)VersusState of U.P......Opposite Party(s)Counsel for Applicant(s):Prabhakar Dwivedi, Shams Tabrez AliCounsel for Opposite Party(s):G.A.Court No. - 72HON'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 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

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