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2026 DAILYLAW 11408 (ALL)

MD KAUSAR KURESHI v. STATE OF U.P. AND ANOTHER

NABAIL/9872/2026 · 2026-09-28

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9872 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 10 of 2026, under Section 109, 61(2) of BNS, Section 3/25 of Arms Act, Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Ghorawal, District Sonbhadra, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. He is not named in the FIR. The name of the applicant surfaced in the confessional statement of co-accused Sarfaraz @ Monu. The co-accused Nanhak @ Muhammad Intaj has been granted anticipatory bail by this Court in NABAIL No. 4460 of 2026. The case of the applicant stands on a similar footing. Applicant has no criminal antecedents. 4. The Learned AGA has opposed the prayer for grant of anticipatory bail, but does not dispute the factual submissions made by the learned counsel for the applicant. 5. I have considered the submissions made by the Learned counsels for Versus Counsel for Applicant(s) : Amit Kumar Dwivedi, Pankaj Counsel for Opposite Party(s) : G.A. Md Kausar Kureshi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the parties. 6. Nine animals were recovered from a pickup vehicle and two accused persons, namely, Om Prakash Yadav and Siddhnath Kharwar were arrested by the police from whose possession country-made pistols along with live and spent cartridges were recovered. No meat or carcass was recovered from the possession of the co-accused. Except for the confessional statement of the co-accused, there does not appear to be any other direct material against the applicant. 7. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge 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 Kausar Kureshi, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety 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; 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. NABAIL No. 9872 of 2026 2 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. September 29, 2026 Junaid NABAIL No. 9872 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad