Allahabad High Court Grants Bail To Ex-UP Minister In Gangster Act Case For Allegedly Running A Meat Plant Sans License

The Allahabad High Court has granted bail to former UP Minister and Bahujan Samaj Party (BSP) leader Haji Yaqoob Qureshi who was arrested in January this year under the UP Gangsters and Anti-Social Activities (Prevention) Act for allegedly running a meat plant without a license.

Examining the matter at the touchstone of the provisions of Section 19(4) of the Gangster Act vis-a-vis the principle underlying the theory of criminal jurisprudence that an accused is presumed to be innocent till he is held guilty by a court of the competent jurisdiction, the bench of Justice Raj Beer Singh granted him bail.

The Court passed this order considering the submissions raised on behalf of the parties and considering the nature of accusations and evidence shown against Qureshi and the fact that he has already undergone detention of about seven months.

The case in brief

Essentially, in the first information report it was alleged that Qureshi was the leader of the gang and co-accused persons were members of the said gang and that they, acting singly or collectively, indulged in the commission of offences under the Indian Penal Code for obtaining undue temporal, pecuniary, material gains.

The main allegation was that they are indulging in illegal storage and business of meat and that a factory by the name of M/s Al Faheem Meatex Pvt. Ltd. is being run without any valid license and in that connection, a case under Sections 417, 269, 270, 272, 273, 120-B I.P.C., had already been registered against them.

He was arrested under the Gangster Act on the allegations that he had indulged in the commission of offences prescribed under section 2(b) of the Act.

Before the Court, appearing for him, Senior Advocate NI Jafri argued that Qureshi was neither running any gang nor was he a member of any gang and the allegations levelled against him were wholly false.

It was further contended that the company in question was doing lawful business relating to the slaughtering, packing and storing of meat and that at the relevant time, the renewal of the license of said company was already pending.

Lastly, it was argued that Qureshi was neither a director of the company nor was he associated with day to day business of the said company and merely because his wife and two sons are directors of the said company, he had been falsely implicated in this case due to political enmity

On the other hand, the Counsel for the state opposed the grant of bail to him by arguing that Qureshi was having terror in the area and that no one dared to make any complaint or depose against him. It was also submitted that the provisions of the Gangster Act have been invoked after due approval of Gang Chart.

Court's order

However, the Court, having heard both parties before it, observed that except for one case, no other incident had been mentioned to support the allegation that Qureshi was a leader or member of the gang or that he had indulged in the commission of offences prescribed under section 2(b) of Gangster Act.

The Court also noted that Qureshi was not a director of the said company and the fact that the co-accused Imran Qureshi and Firoz, who are directors of the said company, have already been granted bail. 

Further, stressing that an accused is presumed to be innocent till he is held guilty by a court, the Court allowed his bail pleas on the condition of furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Case title - Yaqoob Qureshi vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 25492 of 2023]

Case Citation: 2023 LiveLaw (AB) 306

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