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Bombay High CourtABA/444/2026disposed off

Mohammad Aaqeeb Aqeel Ahmad Qureshi v. The State Of Maharashtra Thr Pso Ps Kalmeshwar Dist. Nagpur Rural

2026-06-12Hon'Ble Shri Justice Pravin S. Patil5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.444/2026 Mohammad Aaqeeb Aqeel Ahmad Qureshi and another Vs.

The State of Maharashtra thr. P.S.O., Police Station Kalmeshwar, Dist. Nagpur (Rural) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.S. Band, Advocate for applicant Mrs R.V. Sharma, APP for non-applicant/State CORAM : PRAVIN S. PATIL, J.

DATE : 12.06.2026 1.

Heard.

2.

By this application, the applicants are seeking adinterim bail in Crime No.991/2025 registered at Police Station Kamkeshwar, Nagpur on 16.11.2025 for the offences punishable under Sections 326(G), 61(2) of the Bhartiya Nyaya Sanhita, 2023 read with Sections 177, 134 of the Motor Vehicle Act, 1988 along with Sections 11 (1) (d) of he Prevention of Cruelty to Animal Act, 1960 along with Section 5A (1) of the Maharashtra Animal Preservation Act, 1976 read with Section 3(1) of the Prevention of Damage to Public Property Act, 1984 along with Section 8B of the National Highway Act, 1956.

3.

The case of the prosecution in brief is that the report lodged by the informant, it is found that a truck has

caught fire on Nagpur to Katol road. The informant who is Police Constable took entry and proceeded to the spot. Upon reaching the spot, it is informed that a Tata Company truck bearing registration No. MH-40-CD-5094 valued approximately 30 lakhs engulfed in flames. Upon inquiry, it is revealed that the truck driver has fled from the spot. During inspection of the vehicle, it is found that the truck was carrying cattle- 2 oxen valued Rs.25,000/- and 27 cows valued Rs.4,35,000/-. It is informed that the cattle were transported in a cruel manner as their legs, mouth and neck were tightly tied with rope causing injury and sever distress. 4.

During the course of investigation, it is found by the investigating officer that present applicants used to receive the cattle for slaughtering purposes from other accused and therefore, collected CDR and SDR of the accused persons. After receipt of the same, in all 12 accused persons are arrayed in the crime. Out of these 12 accused, 9 accused are arrested prior to filing of the charge-sheet and remaining are not arrested in the matter.

5.

Learned APP states that as CDR and SDR are collected, it is found that the applicant involved in the alleged crime. It is further stated that during investigation, the investigating officer added relevant provisions of MCOC Act in the present crime against 9 accused persons and for that purpose, the appropriate proposal is also forwarded to the Competent authority.

6.

The applicants approached before this Court stating that the only allegations against the present applicants in the matter that in the CDR and SDR which are collected by the investigating officer, applicants are found connected in the matter and, therefore, he is arrayed in the crime. Except this, there are no allegations in the matter. 7.

The applicants further stated that in the present matter, the charge-sheet is already filed and, therefore, considering this fact his custody is not at all required in the matter. The applicants state that they are ready to cooperate to the investigating agency and also to surrender their mobile phones to the investigating officer. 8.

In view of above, I am of the opinion that considering the allegations and the fact that the chargesheet is already filed in the matter. The custody of the present applicants would not be required. Accordingly following order is passed:

ORDER

i) In the event of arrest in Crime No..991/2025 registered at Police Station Kamkeshwar, Nagpur on 16.11.2025 for the offences punishable under Sections 326(G), 61(2) of the Bhartiya Nyaya Sanhita, 2023 read with Sections 177, 134 of the Motor Vehicle Act, 1988 along with Sections 11 (1)(d) of he Prevention of Cruelty to Animal Act, 1960 along with Section 5A (1) of the Maharashtra Animal Preservation Act, 1976 read with

Section 3(1) of the Prevention of Damage to Public Property Act, 1984 along with Section 8B of the National Highway Act, 1956, the Applicant No.1- Mohammad Aaqeeb Aqeel Ahmad Qureshi and Applicant No.2- Zaheer Saheb Umar Saheb Qureshi, be released on bail on their executing PR Bond in the sum of Rs.50,000/- each with one solvent surety in the like amount.

ii) The Applicants shall attend the Police Station, Kalmeshwar, District Nagpur (Rural) on every Saturday before the investigating officer from 11.00 a.m. to 3.00p.m. and surrender his mobile phones which he is using and which is related in CDR and SDR as per the investigating officer.

iii) The Applicants shall also attend the Police Station, Kalmeshwar, District Nagpur (Rural), if otherwise required on other days by the investigation officer with prior intimation from the investigation officer.

iv) The Applicants shall, at the time of execution of bond, furnish his address and telephone/mobile number(s) to the Investigating Officer and the Court concerned, and shall not change the same till the final disposal of the case.

v) The Applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer.

vi) The Applicants shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the Investigating officer.

9.

The criminal application stands disposed of.

(PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 12/06/2026 19:10:58