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2024 Supreme(Online)(GUJ) 24906

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SULTAN NOORMAMAD JUSAB SAMA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR A A ZABUAWALA(6823) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11205022240303 of 2024 registered with Khawda Police Station, Kachchh (West) Bhuj, for the offence under Sections 299, 325 and 54 of BNS Act, Section 11(1)(L) of Prevention of Cruelty to Animal Act and Sections 5(1), 8(2)(4) and 10 of the Gujarat Animal Preservation (Amendment) Act .

[3.0] Learned advocate appearing on behalf of the applicants submits that applicants are innocent and have been falsely implicated in the offence. Investigation is almost over. He has submitted that, based on statement of accused No.1, they are arraigned as accused as they were travelling in Alto car along with accused No.1. Whatever allegation of slaughtering is against accused No.1 and at his instance, recovery has been made. He therefore submits that, considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the pr

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