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The bench while rejecting the application noted that there were 3 criminal antecedents against the applicant and that grating pre-arrest bail would jeopardise the course of an effective investigation
The Bombay High Court has recently rejected the pre-arrest bail application of a man booked for transporting 1065 kg of beef to Ahmedabad.
A single-judge bench of the high court comprising Justice RN Laddha was hearing a pre-arrest bail application moved by Yamin Yasin Qureshi who was booked under Bhartiya Nyan Sanhita 2023, Maharashtra Animal Preservation Act 1995, and Bombay Municipal Corporation Act 1949.
On 29 July 2024, around 4.30 a.m., the informant received confidential information about a tempo carrying beef from Sangamner to Ahmedabad via the Mumbai highway Malwani.
The informant tried to stop the tempo, but it fled. The informant then contacted the police, and officers from Kashimira Police Station arrived and took the accused into custody.
The vehicle was subsequently taken to the Computerised Weighbridge, where the beef was weighed, totalling 6060 kg with the vehicle and 1065 kg without it.
Advocate Rohit Vaishya, appearing for the applicant, submitted the applicant has been falsely implicated and the allegations against the applicant are ex-facie spurious and without a bonafide foundation.
Additional Public Prosecutor Yogesh Dabke argued that the investigation is nascent, and granting pre-arrest bail would hamper the investigation. He added that the applicant has three criminal antecedents of a similar nature.
The bench while rejecting the application noted that there were 3 criminal antecedents against the applicant and that grating pre-arrest bail would jeopardise the course of an effective investigation.
“The applicant has three criminal antecedents of a similar nature. In the facts of the present case, custodial interrogation of the applicant would be necessary to uncover all aspects of the facts. In the totality of the circumstances, this Court is not persuaded by the applicant’s claim of non-involvement in the alleged crime, and prima facie, no offence under the mentioned Sections is made out. Releasing the applicant on pre-arrest bail would jeopardise the course of an effective investigation,” the order reads.
Case title: Yamin Qureshi vs State of Maharashtra
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