R/CR.MA/26539/2025 ORDER DATED: 17/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 26539 of 2025 ========================================================== AMMAR RAHULAMIN HAYAT Versus STATE OF GUJARAT ========================================================== Appearance: MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1 MR ADITYA JADEJA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/12/2025 ORAL ORDER 1. Heard learned advocate Mr. Altaf Charkha appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Aditya Jadeja 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 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. 11207002250663/2025 registered with Godhra Town B Division Police Station, Dist. Panchmahals for the offence punishable under Sections 5(A), 6(B), 8(2), 8(4) and 10 of the Gujarat Animal Preservation Act and Section 325 of the BNS and Section 119 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 contended that the R/CR.MA/26539/2025 ORDER DATED: 17/12/2025 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 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. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered: (i) The fact of secret information as per the FIR itself with regard to accused No.1, who is father of the present applicant. (ii) The fact of the applicant being 19 years old boy, who was present at his residence where the raid had taken place. (iii) While there was recovery of knifes etc. since it appears that the raid was in the house of the applicant and said articles were used to cut the meat, the discovery would not lead to any specific role being attributed to the present applicant. (iv) The fact that the allegation against the father was with regard to dealing in the prohibited meat of progeny of cow and not with regard to the slaughtering of the animals in question. (v) The fact that the present applicant having no antecedents. 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. 7. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without R/CR.MA/26539/2025 ORDER DATED: 17/12/2025 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. 8. 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. 11207002250663/2025 registered with Godhra Town B Division Police Station, Dist. Panchmahals, 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; [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 week till the charge-sheet is filed and thereafter once a month for a period of six months before the concerned police station. 9. The Authorities will release the applicant only if he is not required in connection with any other offence 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. 10. Bail bond to be executed before the lower court having jurisdiction to R/CR.MA/26539/2025 ORDER DATED: 17/12/2025 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. 11. At the stage of trial, the trial court shall not be influenced 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. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) Y.N. VYAS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/12/2025 11:28:11