1 49. BA 1265 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.1265 OF 2026 RAJA S/O JAMIL QURESHI (IN JAIL) VERSUS THE STATE OF MAHARASHTRA THR PSO., PS WADODA, DIST. NAGPUR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sk. Sabahat Ullah, Advocate for Applicant. Mr. A.B. Badar, APP for Non-Applicant-State. CORAM : M.M. NERLIKAR, J. DATED : 01st OCTOBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant as well as learned APP for the State. 2. By this application, the applicant is seeking bail in connection with Crime No.279 of 2026, dated 17.08.2026, registered with Police Station Wadoda, Dist. Nagpur Gramin, for the offences punishable under Sections 11(1)(d)(g)(f) of the Prevention of Cruelty to Animals Act, 1960, Section 196 read with Section 5(a)(1) and 9 of the Maharashtra Animal Preservation Act, 1976 and Sections 111 and 49 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. The brief facts of the prosecution case are that the informant had received a secret information that in a four wheeler 2026:BHC-NAG:13085 2 49. BA 1265 of 2026.odt vehicle, four buffaloes were loaded and transported from Bhandara to Nagpur. Therefore, the informant and other police staff reached the spot and stopped the said vehicle. They asked the name of the driver and he revealed his name as Yogesh. Thereafter, they inspected the said vehicle. During inspection of the said vehicle, they found that four buffaloes were tied in a cruel manner. The informant asked about the permit for transportation of the said buffaloes, however, the driver of the said vehicle failed to produce the same. Therefore, the present FIR has been lodged. 4. Learned Counsel for the applicant submits that only on the basis of statement of co-accused, the applicant has been implicated in the present crime. He submits that the investigation was carried out for one and half months. However, there is no material against the applicant indicating that he is involved in the present crime. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned APP submits that during investigation, co-accused has disclosed the name of the present applicant and the investigation is yet to complete. He submits that since Section 111 of BNS has been invoked and therefore, thorough investigation is necessary. He submits that there is one another crime 3 49. BA 1265 of 2026.odt registered against the applicant in the year 2023, alleging similar type of offence. Hence, he prays for rejection of the application. 6. Upon consideration of the submissions of both the sides and perusal of the case diary, it reveals that apart from the statement of co-accused, who was arrested at the spot, there is no other incriminating circumstances against the applicant. Though the investigation has been carried out for about one and half months, till today, the Investigating Officer has not been able to indicate any specific role of the applicant in the alleged crime. It is settled position of law that the statement of co-accused is inadmissible. Under such circumstances, merely because Section 111 of BNS has been invoked that by itself is not sufficient to deny bail to the applicant. Hence following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The applicant/accused viz. Raja Jamil Qureshi, be released on bail in connection with Crime No.279 of 2026, dated 17.08.2026, registered with Police Station Wadoda, Dist. Nagpur Gramin, for the offences punishable under Sections 11(1)(d)(g)(f) of the Prevention of Cruelty to Animals Act, 1960, Section 196 read with Section 5(a)(1) and 9 of the Maharashtra Animal Preservation Act, 1976 and Sections 111 and 49 of the Bharatiya Nyaya Sanhita, 2023, 4 49. BA 1265 of 2026.odt on furnishing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount. iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial on even a single date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. vi) Pending applications, if any, stand disposed of. 7. The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. (M.M. NERLIKAR, J.) asd