IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 4527 of 2026 ========================================================

BACHUBHAI VIRABHAI DAMOR Versus STATE OF GUJARAT ========================================================

Appearance:

MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1 MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 23/02/2026

ORAL ORDER

1. Heard learned Advocate Mr. Darshan P. Dave on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of respondent- State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11821025260094/2026 registered with Katwara Police Station, District: Dahod for the offence punishable under Sections 5(1)(a), 6, 8(2) of the Gujarat Animal Preservation ( amended) of Cruelty to the Animal Act, 1960 and under Sections 325, 54 of the Bhartiya Nyay Sahnita and under Section 119 of the of the Gujarat Police Act.

4. Learned Advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by the conditions that may be imposed by this Court if released on bail.

5. As against the same, learned Additional Public Prosecutor Mr. Dabhi appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

(i) The allegation being that prohibited meat (cow progeny ) weighing around 35 kilograms has been found in the land belonging to the present applicant.

(ii) While it is alleged in the FIR as well as in the affidavit of the Investigating Officer that the present applicant had slaughtered the animal in question, yet, neither the FIR nor subsequent investigation post the FIR revealed that the applicant was involved in the slaughter of the animal in question.

(iii) The fact that the applicant, does not have any antecedents of whatsoever nature, and having been in custody since 25.01.2026.

7. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40

8. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11821025260094/2026 registered with Katwara Police Station, District: Dahod on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State