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Bombay High CourtABA/3307/2025allowed

Sufiyan Idris Qureshi v. The State Of Maharashtra

2025-12-18Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3307 OF 2025 Sufiyan Idris Qureshi ...Applicant

Versus

The State of Maharashtra

...Respondent

Dr. Uday Warunjikar a/w Usma A. Pathan i/b Hrishikesh Nabar, for the Applicant.

Ms. R. V. Newton, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

18th DECEMBER 2025 PC:- 1.

Heard Dr. Warunjikar, learned Counsel appearing for the Applicant and Ms. Newton, learned APP appearing for the Respondent-State.

2.

By this application filed under Section 438 of the Criminal Procedure Code, 1973 ("Cr.PC") the Applicant is seeking pre-arrest bail in connection with C.R. No.198 of 2024 registered on 22nd March 2024 with Ranjangaon Police Station, District Pune Rural for the offence punishable under Section 34 of the Indian Penal

Code, 1860 ("IPC") and under Section of 11, 5(A)(2), 5(B) and 9 of the Maharashtra Animal Preservation Act, 1976. 3.

The prosecution case is set out in paragraph No.2 of the order dated 06th August 2025 passed by learned Additional Sessions Judge, Pune in Criminal Bail Application No.3580 of 2025, which reads as under :- 2] Fact of prosecution case is that, on 22/03/2024 as per report of Ajinkya Taru, crime in question is registered against unknown driver and owner of Maruti Pickup vehicle bearing No.MH-12-RN-2397 alleging that, his occupation is a social worker. On 21/03/2024 at about 11.00 p.m. hidden information was received to him that in above said pickup vehicle cows are loaded for proceeding towards Ahemadnagar from Shikrapur for the purpose of slaughtering, thereafter, he himself and other where stop in front of hotel Khandesh which is situated on Pune-Nagar Road at about 11.40 p.m.

above said vehicle came from Shikrapur side in spite of stoppage signal, it was attended to proceed further. After passing 500 mts distance above said vehicle stop by concern and two persons ran away by taking disadvantage of darkness, upon search of vehicle three white colour, two red colour and six jersy calf found loaded in cruel manner in above said vehicle. By making call number 112 police aid sought by him. According to informant by using above said vehicle animals attending to carry for the purpose of slaughtering in cruel manner. Hence his report against unknown driver and owner of the above said vehicle.

4.

It is the submission of Dr. Warunjikar, learned Counsel appearing for the Applicant states that the name of the Applicant is not mentioned in the FIR. As per the prosecution case, it is alleged that he is the owner of the vehicle. However, learned Counsel submits that although the Applicant was to purchase the said vehicle, the transaction has failed and therefore, he is not the owner of the vehicle. He therefore, submits that the Anticipatory Bail Application be granted.

5.

On the other hand, Ms. Newton, strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious. She further submits that the Applicant is involved in the crime. She submits that as per the prosecution case, the Applicant is the owner of the vehicle and therefore, custodial interrogation is necessary.

6.

Ms. Newton, learned APP, further submits that there are two antecedents of similar nature. However, Dr. Warunjikar, learned Counsel for the Applicant submits that in both the cases the Applicant has been granted bail.

7.

Persual of the record shows that although as per the prosecution case, the applicant is the owner of the vehicle but, the Applicant was not found at the spot. In any case the custodial interrogation is not necessary.

8.

Accordingly, the case is made out for grant of Anticipatory Bail by imposing stringent conditions.

9.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Sufiyan Idris Qureshi in connection with C.R. No.198 of 2024 registered on 22nd March 2024 with Ranjangaon Police Station, District Pune Rural the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station on 22nd December 2025 and 23rd December 2025 between 11:00 a.m. to 02:00 p.m. and

thereafter as and when called and shall cooperate with the investigation.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) 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 such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

10.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]