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2026 Supreme(Online)(Guj) 21492
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hasmukh D. Suthar, J
MOHAMMAD AARIF ABDUL RAZAK SAMOLV/sSTATE OF GUJARAT
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 involved in illegal slaughter of cow progeny, as the societal interest in maintaining public order and communal harmony outweighs the individual's right to personal liberty.
Headnote:The applicant sought regular bail under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023, in connection with offenses punishable under Sections 5(1), 6(b), 8(2), 8(4), and 10 of the Gujarat Animal Preservation Act, 2011, Section 325 of the BNS, and Section 119 of the Gujarat Police Act. The case involves the recovery of 23 kilograms of beef and slaughtering equipment from a plot adjacent to the applicant's residence. The court noted that the applicant has eight criminal antecedents of a similar nature. The primary issue is whether the applicant is entitled to regular bail given his history of repeated offenses. The court reasoned that Article 48 and Article 51A(g) of the Constitution of India reflect a legislative intent to protect cow progeny. It held that repeated involvement in such offenses can "adversely affect public order and communal harmony" and that the "societal interest outweighs the claim of the applicant for grant of regular bail." The present application, therefore, fails and is accordingly rejected.
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NEUTRAL CITATION
R/CR.MA/7540/2026 ORDER DATED: 18/06/2026
0.8205889490634617
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7540 of 2026
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MOHAMMAD AARIF ABDUL RAZAK SAMOL
Versus
STATE OF GUJARAT
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Appearance:
MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/06/2026
ORDER
1. RULE. Learned advocates for the respective parties waive
service of notice of Rule.
2. 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.
3. 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
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R/CR.MA/7540/2026 ORDER DATED: 18/06/2026
0.8205889490634617
antecedents. Therefore, it is prayed that the applicant may be
enlarged on regular bail.
4. 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.
5. 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
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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
