R/CR.MA/24005/2025 ORDER DATED: 19/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 24005 of 2025 ========================================================== SALIMBHAI ISHAKBHAI SUMABHANIYA Versus STATE OF GUJARAT ========================================================== Appearance: NABIL O BLOCH(7953) for the Applicant(s) No. 1 MS DIVYANGNA JHALA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 19/11/2025 ORAL ORDER 1. Heard learned advocate Mr.Mehul Pandya for learned advocate Mr.Nabil Bloch appearing on behalf of the applicant and learned Additional Public Prosecutor Ms.Divyangna Jhala appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicant has &led 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.11185001250733/2025 registered with Bhanvad Police Station, Devbhoomi Dwarka for the o4ence R/CR.MA/24005/2025 ORDER DATED: 19/11/2025 punishable under Sections 8(2), 8(3), 8(4) and 10 of the Gujarat Animal Protection Act and Sections 119 and 135(1) 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 since the charge- sheet is &led no useful purpose would be served by keeping the applicant in jail for inde&nite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. 5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of o4ence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. Having regard to the fact that the applicant has prayed R/CR.MA/24005/2025 ORDER DATED: 19/11/2025 for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The applicant stated to be a purchaser of the prohibited material (meat of progeny of cow) weighing around 26 kgs. ii. The fact that the applicant is not the person who had been involved in slaughtering the animal in question. iii. The fact that the applicant has no antecedents of being involved in such activity and whereas, the second FIR being referred to, according to learned advocate, is arising out of the same transaction. iv. The fact of investigation being over and the investigating o4icer having laid the charge-sheet. 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. Page 3 of 6 R/CR.MA/24005/2025 ORDER DATED: 19/11/2025 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 &t 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. 11185001250733/2025 registered with Bhanvad Police Station, Devbhoomi Dwarka, on executing a bond of Rs.10,000/- (Rupees Ten 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 of Gujarat without prior permission of the Sessions Court concerned; R/CR.MA/24005/2025 ORDER DATED: 19/11/2025 [e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] mark presence once a month for a period of six months before the concerned police station. 10. The Authorities will release the applicant only if he is not required in connection with any other o4ence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be free to take appropriate action in the matter. 11. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 12. At the stage of trial, the trial court shall not be inDuenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail. Page 5 of 6 R/CR.MA/24005/2025 ORDER DATED: 19/11/2025 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 19/11/2025 19:06:32