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2026 Supreme(Online)(Guj) 19027
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hasmukh D. Suthar, J
Mohammad Aarif Abdul Razak Samol – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 7540 of 2026
For the Appellants/Petitioners: Altaf Y Charkha
For the Respondents: Shruti Pathak
Regular bail may be denied to a habitual offender despite the filing of a charge-sheet if their recurring criminal conduct threatens public order, communal harmony, and violates the constitutional objective of preserving cow progeny.
Headnote:The applicant sought regular bail under S.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under sections 5(1), 6(b), 8(2), 8(4) and 10 of the Gujarat Animal Preservation Act, 2011, S.325 of the BNS, and S.119 of the Gujarat Police Act. The prosecution alleged that 23 kilograms of beef and slaughtering equipment were recovered from a plot adjacent to the applicant's residence during a raid. The court noted the applicant's repeated involvement in similar crimes, with eight prior antecedents of a similar nature. The primary issue was whether the applicant was entitled to regular bail given the gravity of the offence and his criminal history. The court held that while individual liberty is paramount, it must be balanced against societal interests and the maintenance of public order. The court reasoned that repeated involvement in illegal slaughtering, especially after being granted bail previously, demonstrates a misuse of liberty and has the potential to disturb communal harmony and public sentiments, referencing the constitutional mandates of Art. 48 and Art. 51A(g). The present application, therefore, fails and is accordingly rejected.
ORDER
RULE. Learned advocates for the respective parties waive service of notice of Rule.
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.11207002250717 of 2025 registered with Godhra Town B Division Police Sation, Panchmahal, for offences punishable under sections 5(1), 6(b), 8(2), 8(4) and 10 of the Gujarat Animal Preservation Act, 2011 (Amendemnt Act, 2017) under Section 325 of the BNS and Section 119 of the Gujarat Police Act.
Learned advocate for the applicant submitted that the applicant has been in judicial custody since 03.01.2026. It is submitted that the investigation is over, charge-sheet has been filed and nothing remains to be recovered or discovered from the applicant. The trial is likely to take considerable time to conclude. It is also submitted that the applicant has no criminal antecedents. Therefore, it is prayed that the applicant may be enlarged on regular bail.
Learned APP submitted that the present bail application deserves to be rejected. It is contended that the applicant is a habitual offender and has a history of involvement in serious offences. During the raid conducted by the police, 23 kilograms of beef was allegedly recovered from a plastic carry bag kept in a plot adjacent to the applicant's residence. It is further submitted that the applicant has eight criminal antecedents of a similar nature relating to illegal slaughtering activities. According to the prosecution, such continuous illegal activities have the potential to disturb communal harmony and adversely affect the law and order situation in the area. It is also alleged that the applicant had engaged certain persons for the purpose of slaughtering cow progeny. Learned APP further submitted that three co-accused persons fled from the spot during the raid and are yet to be apprehended. In view of the nature and gravity of the allegations, the applicant's antecedents, and the ongoing investigation with respect to the absconding co-accused, it is prayed that the present application be rejected.
Having heard the learned advocates for the respective parties and having perused the material placed on record, it appears that on 01.12.2025, the police received specific information that the present applicant was transporting beef in a Swift car bearing Registration No. GJ-05-CF-0771 from an unknown place and had stored the same in a plot situated adjacent to his residence. It is further alleged that the applicant had engaged certain persons for the purpose of selling the beef. Acting upon the said information, the police conducted a raid at the aforesaid place. Upon noticing the police, the co-accused persons allegedly fled from the spot. During the course of search, the police recovered approximately 23 kilograms of suspected beef packed in plastic carry bags. The muddamal articles recovered from the spot also include a knife, weighing scale and other materials allegedly used for slaughtering and sale of beef. Prima facie, the recovery effected during the raid and the material collected during the course of investigation indicate the involvement of the present applicant in the alleged offence. It also emerges from the record that some of the co-accused persons are yet to be arrested.
The record further reveals that the present applicant has as many as eight antecedents of a similar nature registered against him. The antecedents attributed to the applicant are as under:
(I) Godhra Town 'B' Division Police Station, Panchmahal, FIR No. 984/2020;
(ii) Godhra Town 'B' Division Police Station, Panchmahal, FIR No. 156/2023;
(iii) Godhra Town 'B' Division Police Station, Panchmahal, FIR No. 668/2023;
(iv) Godhra Town 'B' Division Police Station, Panchmahal, FIR No. 156/2023;
(v) Godhra Town 'B' Division Police Station, Panchmahal, FIR No. 1297/2024;
(vi) Godhra Town 'B' Division Police Stati
