CBA 1883 – 2022
Abdul Rauf Karim Qureshi – State
Bail
Page No.1 / 4
CBA No. 1883 / 2022
Abdul Qureshi – State
MHCC020102562022
Order
(Delivered on this 3rd Day of August 2022)
This is application for bail, U / Sec. 439 of the CrPC, in
Crime No.15 of 2022, registered with Chunabhatti Police Station,
for offense punishable U / Sec. 307, 353, 326, 324, 323, 504, 143,
147, 148, 149 of IPC and Sec. 5 (c), 9 (a) of Maharashtra Animal
Protection Act, 1995.
2)
Heard Learned Adv. Shri Sufiyan Qureshi for accused
Abdul Rauf / applicant. Heard Learned APP Mrs. Ranjana
Budhwant for the State. Perused Application, Say of I.O. (Exh.2).
Perused record.
FIR and charge-sheet:
3)
On 16.01.2022, at about 13:00 Hrs., Pratik Nanaware
lodged FIR with Chunabhatti Police Station, Mumbai, as follows.
Complainant Pratik and his friend Ashish Barik are
volunteers for protection of cow and prevention of
illegal trade in cow-flesh. After they got information
regarding illegal transportation of cow-flesh, they
sought police help and were tracing said illegal
transportation. At relevant time and place, Police seized
un-numbered vehicle, which was carrying cow-flesh
and Ice. Immediately, accused No. 1 Aslam came with
mob of about 30 persons. They were accompanied with
rods, sticks and stones. Accused No.1 Aslam instigated
the mob with words as, “budks vkt [kYykl dj nsxs] lc
feyds budks ekj Mkysxs] budks vkt dkSu cpkrk gS] ogh ns[krk
gwW”. Thereafter, said mob assaulted complainant Pratik
and Aashish, on their head, because of which they both
collapsed on the ground. Police somehow saved and
took Pratik and Aashish to hospital.

CBA 1883 – 2022
Abdul Rauf Karim Qureshi – State
Bail
Page No.2 / 4
4)
After registration of FIR, total nine accused were
arrested. Out of that, seven accused were released by my Learned
Predecessor.
Accused No. 4 Mohammed Faizan Mohammed Saeed
Shaikh, was released by this Court on 24.06.2022, on same term
and conditions as the other accused.
Bail application of accused No.2 Mohammed Mushtaq
was rejected on 24.06.2022 on ground that, he was driving unnumbered vehicle for illegal transport of cow-flesh.
5)
After investigation, prosecution has filed charge-sheet
on 12.04.2022, against aforesaid nine accused.
Present application for bail by 10th accused :
6)
Applicant Abdul Rauf, submitted that, on 31.07.2022,
he was arrested by the Police and was remanded to judicial
custody by the Learned Metropolitan Magistrate, Holiday Court,
Dadar, Mumbai. On same day, supplementary charge-sheet is
filed against him, by the Police. As per accused Abdul Rauf /
Applicant, he is entitled for bail, on grounds that :
1. He has been falsely implicated in crime.
2. FIR is completely contradictory from statement of eye
witnesses.
3. Though Eicher Truck, in which cow flesh was being
transported, is in name of applicant, however, vide
agreement Dt. 07.12.2021, applicant had handed it over
to Mohammad Mushtaq for plying.
4. Mohammad Mushtaq had agreed not to misuse same and
that he will be liable for penal action for any illegal act.
5. As it was independent act by Mohammad Mushtaq,
applicant is not responsible for the same.
6. Applicant was not present on spot, he was not driving
said vehicle, he is not related with mob which attacked
the informant.
7. Applicant is aged person suffering from ailments.
8. No allegations are made in FIR against applicant.

CBA 1883 – 2022
Abdul Rauf Karim Qureshi – State
Bail
Page No.3 / 4
9. Applicant is only earning member of his family.
10. In fact, informant and his accomplice had damaged
vehicle, causing huge loss to applicant / accused.
11. Investigation is over. Applicant is permanent resident of
Mumbai, having no criminal antecedence and he is
ready to abide by all terms and conditions.
Objection by prosecution:
7)
Prosecution objected on ground that, said vehicle which
is in the name of applicant / accused is being repeatedly used in
similar type of offense. If accused / applicant is released on bail,
he may repeat the offense. Hence, application be rejected.
Conclusion :
8)
Applicant / accused has filed agreement Dt. 07.12.2021,
which shows that, applicant (owner of vehicle) had handed over
the vehicle to Mohammad Mushtaq (Conductor of vehicle) on
monthly rent of Rs.55,000/-. It is further stated in Agreement that,
Conductor / Mohammad Mushtaq will be responsible for any
action and violation, while owner shall not be responsible.
9)
As per prosecution, applicant is owner of vehicle which
has been used for illegal transportation of cow flesh and which
resulted in Crime U / Sec. 149 and 307 of IPC.
Whether applicant / accused is vicariously liable or not,
will be subject of Trial. At present it cannot be overlooked that,
vehicle has been utilized for illegal transportation of cow flesh.
Another fact which cannot be overlooked is that,
offense is dated 02.01.2022. In bail application, applicant stated
that, he was arrested on 31.07.2022 and on same day,
supplementary charge-sheet is filed against him. It is not his case
that, he has surrender before Police.
Prosecution submitted that, applicant has already
avoided the investigation. Considering his tendency to disregard
the law, there is possibility that he will also avoid the trial, may
pressurize the witnesses and may repeat similar offenses.

CBA 1883 – 2022
Abdul Rauf Karim Qureshi – State
Bail
Page No.4 / 4
10)
Considering the manner in which vehicle is involved in
crime, nature of offense and further considering the submissions
by prosecution, accused is not entitled for bail. Hence, following
Order is passed.
ORDER
1.

Criminal Bail Application No. 1883 of 2022, stands
rejected.

2.

Applicant, other under trial prisoners be produced from
Jail on next date, for framing of charge. The accused on
bail shall remain present on next date for framing of
charge.

3.

Order dictated and pronounced in open Court.

Place : Mumbai
Date : 03.08.2022
(Vijay S. Hingne)
Additional Sessions Judge,
(Court Room No.23), Gr. Mumbai
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