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2026 DAILYLAW 13434 (BOM)

BILAL DASTAGIR KURESHI AND ANR v. THE STATE OF MAHARASHTRA

ABA/2638/2026 · 2026-09-29

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Judgment text

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920.ABA-2638.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2638 OF 2026 Bilal Dastagir Kureshi & Anr. … Applicants V/s. State of Maharashtra …. Respondent ______________________ Ms. Sonali Chavhan a/w Ms. Ujma Pathan i/by Ms. Aishwarya R. Tuwar, for the Applicants. Mr. S. S. Ghag, APP for the Respondent No.1-State. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 29 SEPTEMBER 2026 P. C. :- 1. Heard Ms. Chavhan, learned counsel appearing for the Applicants and Mr. Ghag, learned APP appearing for the Respondent-State. 2. By this application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 the Applicants are seeking pre- arrest bail in connection with C.R. No.227 of 2026 registered with Junnar Police Station, Pune for the offences punishable under Sections 5(b), 5(c), 9, 9(a) and 11 of the Maharashtra Animal Preservation Act, 1976, Sections 4 and 25 of the Arms Act, 1959 Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.01 14:21:17 +0530 920.ABA-2638.26.DOC and Sections 325 and 271 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case is set out in paragraph nos.3 to 10 of this Anticipatory Bail Application which reads as under :- “3. The prosecution story as under :- 4. The complainant, Kailas Madhavrao Kendra, Police Constable posted at Junnar Police Station, Pune Rural, has been serving at the said police station for the last four years. On 15/07/2026 at 10:00 a.m., the complainant was assigned Dial 112 duty, which continued until 16/07/2026 at 10:00 a.m. 5. On 16/07/2026 at about 4:00 a.m., while the complainant was present at Junnar Police Station along with Police Officer Titme and other police staff, Police Naik Gund received confidential information that certain persons were illegally slaughtering cattle in a room located behind the house of Furkan Ibrahim Bepari, situated in front of Mohammadiya Madrasa at Mai Mohalla, Junnar. Acting upon this information, the complainant, along with Police Officer Titme and other staff members, proceeded to the location in a private vehicle to verify the information. The police team reached the spot at approximately 5:50 a.m. Upon arrival, the complainant observed six to seven persons running from the room toward another structure behind Furkan Ibrahim Bepari's house. The complainant and the accompanying police staff immediately chased them; however, due to darkness and the narrow lanes in the area, the suspects managed to escape. During the inquiry, the complainant learned that Furkan Ibrahim Bepari had entered his adjoining residence. The complainant and the police staff rang the doorbell and repeatedly requested that the occupants open the Page 2 PPN 920.ABA-2638.26.DOC door. Furkan's sister, Shirin Ibrahim Bepari, was inside the house. Even after the police identified themselves, she refused to open the door for approximately fifteen to twenty minutes. During this period, Furkan Ibrahim Bepari was allegedly allowed to escape through the rear exit of the house. 6. Considering the circumstances, the complainant called for additional police staff. Shortly thereafter, Police Naik Gund, Police Constable Pathare, Police Constable Shinde, other police personnel, and the RCP team arrived at the scene. Together, they conducted a search of the room from which the suspects had fled. During the inspection, the complainant found the skin and meat of a black- and-white cow inside the room. Local residents informed the police that the room belonged to Furkan Ibrahim Bepari. Two independent panch witnesses were called, and a panchnama of the scene was conducted. During the panchnama, slaughtered remains of cattle and approximately 270 kilograms of beef were found stored inside the room. The estimated value of the meat was approximately Rs. 54,000. 7. While inspecting the premises, the complainant found three motorcycle keys. Using the keys, the police identified and seized the motorcycles parked nearby, namely:1. Suzuki Access bearing registration No. MH-16-CL-2313. 2. Hero Honda Splendor bearing registration No. MH-12-BX-9739.3. Honda Shine bearing registration No. MH-14-KC-0914. 8. Additionally, another Hero Honda Splendor motorcycle bearing registration No. MH-14-S-6171, along with iron slaughtering tools and other articles allegedly used in the commission of the offence, were seized. The total value of the seized property was approximately Rs.2,44,000. Page 3 PPN 920.ABA-2638.26.DOC 9. A Veterinary Officer, Dr. Arvind Dhage, was called to the spot. In the presence of the complainant and panch witnesses, samples of the meat were collected, sealed, labeled, and preserved according to procedure. The remaining meat was ordered to be destroyed. Municipal sanitation staff and a municipal garbage vehicle were called to the location. With the assistance of local personnel, the meat was transported to the municipal dumping ground, where a pit was excavated using a JCB machine and the meat was destroyed in the presence of witnesses. 10. During the course of the investigation, the complainant learned that the accused persons had allegedly been engaged in the illegal slaughter of cattle for financial gain. Due to fear and intimidation in the locality, residents were reluctant to come forward openly and provide information against the accused. Based on the information received, the evidence found at the scene, the seizure of meat, vehicles, and slaughtering instruments, and the circumstances observed by the complainant during the raid, the complainant had reason to believe that the accused persons, namely: 1. Furkan Ibrahim Bepari, 2. Bilal Dastgir Qureshi,3. Rehan Dastgir Qureshi, 4. Muzzamil Mutallib Qureshi, 5. Sameer Sohail Qureshi, 6. Adnan Altab Bepari, 7. Shirin Ibrahim Bepari, and 8. Atiq Ahmed Qureshi, all residents of Mai Mohalla, Junnar, Taluka Junnar, District Pune, were involved in the illegal and organized slaughter of cattle for financial gain. Therefore, the complainant lodged the present complaint against the above-named accused persons under the relevant provisions of the Maharashtra Animal Preservation Act, the Bharatiya Nyaya Sanhita/Indian Penal Code, the Arms Act, and other applicable laws. After the complaint was typed and read over, the complainant verified that its contents were true and correct according to the complainant's knowledge, observations, and Page 4 PPN 920.ABA-2638.26.DOC information received during the course of duty. Base on this allegation FIR registered against the Applicant. Copy of the F.I.R is annexed herewith and marked as Exhibit A.” 4. It is the contention of the learned counsel appearing for the Applicant that the Applicants are not involved in the crime. There is no material connecting the Applicants with crime. She submits that as there are 3 earlier FIRs against Applicant No.1 and 4 FIRs against Applicant No.2 of similar nature and therefore F.I.R has been filed against the present Applicants. She submits that there are total 8 Accused. The Applicants are the Accused Nos.2 and 4. Applicant Nos.3, 6 and 8 have been arrested and released on regular bail. Accused No.5 has been granted Anticipatory Bail by the learned Sessions Judge. She further submits that charge-sheet has been filed on 16 September 2026 against the arrested accused and thus, investigation is completed. 5. On the other hand, learned APP for the Respondent-State submits that offence is very serious. There are 3 antecedents against Applicant No.1 and 4 antecedents against Applicant No.2 of similar nature and, therefore, the Application be dismissed. 6. Perusal of the record shows that even as per the prosecution case, the Applicants were not found at the place of incident. Page 5 PPN 920.ABA-2638.26.DOC Charge-sheet is already filed against the Applicants who have been arrested. Thus, practically, the investigation is completed. 7. Accordingly, the case is made for a grant of anticipatory bail, however, as there are several antecedents, stringent conditions are required to be imposed. Accordingly, following order is passed :- O R D E R (a) In the event of arrest of the Applicants in connection with C.R. No.227 of 2026 registered with Junnar Police Station, Pune, the Applicants are directed to be released on bail on furnishing P.R. Bond in the sum of Rs.30,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station once a week on every Monday between 11:00 a.m. to 01:00 p.m. (c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicants shall not directly or indirectly make Page 6 PPN 920.ABA-2638.26.DOC any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 8. The observations made in this order are only for the purpose of considering the anticipatory bail application and the learned Trial Court shall not be influenced by these observations. 9. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 7 PPN