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2026 DAILYLAW 11757 (ALL)

LATIF KURAISHI v. STATE OF U.P. AND ANOTHER

NABAIL/9949/2026 · 2026-09-29

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. - 9949 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. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 1100 of 2025, under Sections 3, 5A, 5B and 8 of the U.P. Prevention of Cow Slaughter Act; Section 11 of the Prevention of Cruelty to Animals Act; Sections 109(1), 61(2)(B) of the B.N.S., 2023; and Sections 3/25 of Arms Act, Police Station – Robertsganj, District Sonbhadra, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. Learned counsel for the applicant has contended that the applicant was not arrested from the spot. From the possession of the co-accused Jitender Yadav, five live animals said to be cows were recovered. The Learned counsel has contended that the applicant is being targeted by the police and is being implicated similarly in cases under the U.P. Prevention of Cow Slaughter Act and in none of the cases, the applicant was arrested on the spot and his name has been introduced in the confessional statement of the co-accused. The Learned counsel has further submitted that co- accused Balwant Kumar and Hazrat, whose names have similarly been disclosed by the co-accused, Jitender Yadav, have been granted anticipatory bail by this Court in NABAIL Nos. 1131 of 2026 and 10528 of 2025, respectively. The case of the applicant stands on a similar footing. Versus Counsel for Applicant(s) : Mohd. Jamshed Khan Counsel for Opposite Party(s) : G.A. Latif Kuraishi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for bail and has contended that other than the present case the applicant has a criminal history of seven other cases under the U.P. Prevention of Cow Slaughter Act. The applicant is a repeat offender and may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsel for the parties. 6. Co-accused Balwant Kumar, who had a criminal history of four cases under the U.P. Prevention Cow Slaughter Act has been granted anticipatory bail by this Court. Four cows were recovered from the possession of co-accused Jitender Yadav. No meat or carcass has been recovered from the co-accused. Except the confessional statement of the co-accused there doesn't appear to be any direct evidence against the applicant. The explanation given by the Learned counsel for the applicant with respect to the criminal antecedents, in the opinion of the Court, raises a suspicion that the applicant may have been falsely implicated in the present case. 7. Taking into consideration the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 8. The anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Latif Kuraishi, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his 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. 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. The applicant shall not leave India without the previous permission of NABAIL No. 9949 of 2026 2 the Court; iv. 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. September 30, 2026 Kushal NABAIL No. 9949 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad