1 29 BA 982.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 982/2026 (Mohammad Nasir S/o. Mohammad Shafi Qureshi Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Z. Qureshi, Advocate for applicant. Ms. T. H. Udeshi, APP for non-applicant/State. CORAM: M. M. NERLIKAR, J . DATED : 01/09/2026. Heard. 2. By this application, the applicant is seeking bail in connection with Crime No. 991/2025 registered with Police Station Kalmeshwar, Dist. Nagpur for the offences punishable under Sections 5(1)(a), 9(1) of the Maharashtra Animal Preservation Act, 1976, Sections 61(2), 325 of the Bharatiya Nyaya Sanhita, 2023, Sections 134, 177 of the Motor Vehicle Act, 1988, Section 8B of the National Highway Act, 1956, Section 3(1) of the Prevention of Damage to Public Property Act, 1984, Section 7 of the Criminal (Amendment) Act, 2013, Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. 3. The prosecution case in short is that on 16/11/2025 a Truck bearing No.MH-40-CD-5094 while 2 29 BA 982.26 plying on Fetri-Nagpur road caught fire. Soon the police and the Fire Brigade personnel intervened. After the fire was doused, it was found that the Truck was carrying cattle i.e. cows and oxens. Due to fire, it was found that 2 calves and 29 cows died while 6 cows and 2 calves were injured in the fire who were immediately rescued and admitted to the shelter home. On the report of the police official, Police Constable Shrikant Borkar, the offence was registered. 4. The learned counsel for the applicant submits that the applicant is in jail since 16/11/2025. He submits that 10 months have elapsed since he is in Jail. The maximum punishment provided for the alleged offences is up to 5 years. Under such circumstances, he submits that even if it is considered that the allegations are true, at the most, maximum punishment provided is of 5 years. Under such circumstances, considering the incarceration of the applicant, the applicant be released on bail. 5. On the other hand, the learned APP vehemently opposes the application and submits that, the applicant has undergone 10 months of imprisonment, that by itself is not 3 29 BA 982.26 sufficient. She submits that the applicant is habitual in committing similar type of offences, as the applicant is having criminal antecedents of similar nature, wherein two similar offences are registered against him. She further submits that one case was registered in the State of Madhya Pradesh, wherein the co-accused was convicted. However, the trial could not proceed against the present applicant as he was shown as absconding. It is not in dispute that the applicant is behind bars since 16/11/2025. The applicant is alleged to be the main accused who was piloting the transport vehicle and informing the driver of the said vehicle about the presence of police, while cattle were being illegally transported from Maharashtra to Madhya Pradesh. Under such circumstances, she submits that the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. It appears from the charges levelled against the applicant that the maximum punishment prescribed for the alleged offence is of 5years. The applicant has already undergone 10 months. It further appears that there are call detail records, which shows that the applicant was piloting the vehicle carrying cattle. However, mere call detail records are not sufficient. 4 29 BA 982.26 The fact remains that the applicant is behind bars since last 10 months. The maximum punishment provided is of 5 years. Therefore, I am inclined to grant bail. Hence the following order:- ORDER (i) Criminal application is allowed and disposed of. (ii) The applicant/accused Mohammad Nasir S/o Mohammad Shafi Qureshi be released on bail in connection with Crime No. 991/2025 registered with Police Station Kalmeshwar, Dist. Nagpur for the offences punishable under Sections 5(1)(a), 9(1) of the Maharashtra Animal Preservation Act, 1976, Sections 61(2), 325 of the Bharatiya Nyaya Sanhita, 2023, Sections 134, 177 of the Motor Vehicle Act, 1988, Section 8B of the National Highway Act, 1956, Section 3(1) of the Prevention of Damage to Public Property Act, 1984, Section 7 of the Criminal (Amendment) Act, 2013, Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 on his furnishing P.R. Bond of Rs. 50,000/- 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, and also shall not tamper with the evidence. (iv) The accused shall provide his residential address and cell number to the concerned Police Station and shall not 5 29 BA 982.26 change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant shall not commit similar type of offence in future. In case, he commits similar type of offence, the prosecution or the State Agency is at liberty to seek cancellation of bail in the present crime. (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. 7. Pending application(s), if any, stand disposed of accordingly. 8. 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.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 02/09/2026 17:04:29