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2025 DAILYLAW 27380 (ALL)

SHABBIR QURASHI v. STATE OF U.P.

BAIL/8327/2025 · 2025-03-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35054 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8327 of 2025 Applicant :- Shabbir Qurashi Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed by learned counsel for the applicant, which is taken on record. 2. Heard learned counsel for the applicant, Azad Singh, learned AGA for the State-Respondents and perused the record. 3. This bail application under Section 483 of B.N.S.S. has been moved on behalf of accused-applicant, Shabbir Qurashi, seeking enlargement on bail in Case Crime No. 17 of 2025, under Sections 109 of B.N.S., sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11(1)E of Prevention of Animal Cruelty Act and 3/25 of Arms Act, Police Station -Hathgawn, District -Fatehpur. 4. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 24.01.2025. Learned counsel for the applicant submits that the applicant was not arrested from the spot. Alleged recovery of weapon and other materials are planted by the police personnel. The applicant has no connection with the aforesaid crime. No credible evidence with regard to cow slaughter has been collected by the Investigating Officer, on the basis of criminal history of the applicant, the Police has roped the applicant in the aforesaid crime. The applicant has criminal history of 3 cases and in all the cases he is on bail and 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. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Shabbir Qurashi, 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: 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 through counsel 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 bail. Order Date :- 10.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad