Sabuddin Alias Sabu Quraishi vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sabuddin Alias Sabu Quraishi vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail allowed; accused-applicant Sabuddin Alias Sabu Quraishi to be released on execution of a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) not to tamper with evidence; (2) not to indulge in criminal activity; (3) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (4) to appear regularly on each date fixed by the trial court unless exempted; breach of any condition permits the court below to cancel the bail.

Issue for consideration

Whether Sabuddin Alias Sabu Quraishi, in custody since 21.08.2025 in Case Crime No. 347 of 2025 (PS Budhana, District Muzaffar Nagar) under Section 109 (1) B.N.S., Sections 3/5/8 of the Cow Slaughter Act and Sections 3/25/28 of the Arms Act, should be enlarged on bail.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merits, the Court found that a case for bail is made out.

Ratio / Principle

The Court ordered release of the accused-applicant on bail on his executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to the enumerated conditions (no tampering with evidence; no criminal activity; no pressurising/intimidation of prosecution witnesses and cooperation in the trial; regular appearance before the trial court), failing which the court below may cancel the bail.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 68), Criminal Misc. Bail Application No. 37946 of 2025, decided November 21, 2025 by Hon'ble Ashutosh Srivastava, J. Bail allowed for Sabuddin Alias Sabu Quraishi in Case Crime No. 347 of 2025, Police Station-Budhana, District Muzaffar Nagar, involving Section 109 (1) B.N.S., Section 3/5/8 of the Cow Slaughter Act and Section 3/25/28 of the Arms Act. Applicant in jail since 21.08.2025; charge sheet filed 10.11.2025. Counsel urged innocence, alleged FIR/recovery fabrication (one 315 bore country made pistol, one live cartridge and 145 Kilogram beef recovered without independent witness; no police injuries), explained criminal history of 6 cases. Learned AGA opposed without disputing the facts. Without commenting on merits, the Court held a case for bail was made out and ordered release on a personal bond and two reliable sureties each in like amount, subject to conditions barring tampering, criminal activity, witness intimidation and requiring trial attendance, with power of the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37946 of 2025

Sabuddin Alias Sabu Quraishi

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Sushil Kumar Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Supplementary affidavit filed today is taken on record.

Heard Shri Sushil Kumar Pandey, learned counsel for the applicant and Shri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant, Sabuddin Alias Sabu Quraishi , seeking enlargement on bail in Case Crime No. 347 of 2025, under Section 109 (1) B.N.S. and Section 3/5/8 of Cow Slaughter Act and Section 3/25/28 of Arms Act, Police Station-Budhana, DistrictMuzaffar Nagar.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 21.08.2025. First Information Report has been lodged with the allegation that on the information of informer the police party has tried to stop the applicant the applicant opened fire on the police party and the informant and other police personnels anyhow save themselves and arrested the applicant. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 315 bore country made pistol along with one live cartridges and 145 Kilogarm beef are planted one as there is no independent witness of the aforesaid recovery. He further submits that in the present case charge sheet has been filed on 10.11.2025 and there is no need of further custodial interrogation of the applicant. Criminal history of 6 cases has been properly explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

BAIL No. 37946 of 2025

2

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Sabuddin Alias Sabu Quraishi , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

November 21, 2025

Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad