R/CR.MA/21920/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21920 of 2025 ========================================================== SHAFIK @ ANNA S/O SALIM ABDUL SHAIKH Versus STATE OF GUJARAT ========================================================== Appearance: MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR NIRAJ SHARMA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 15/10/2025 ORAL ORDER 1. 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. 11200019210954 of 2021 registered with Dungari Police Station, Valsad. 2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. 3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State. 4. Learned Advocate for the Applicant has submitted that the Applicant has a good reputation in society and no useful purpose would be served by keeping the Applicant in jail for an indefinite R/CR.MA/21920/2025 ORDER DATED: 15/10/2025 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. The Applicant is innocent, has been falsely implicated, and there is no direct evidence linking him to the alleged offence. It is further submitted that the Applicant’s name was implicated based solely on the statement of co-accused, and other accused with similar or graver roles have been released on bail. 5. Per contra, learned APP has opposed the present application for grant of regular bail, contending that the Applicant has three antecedents, and the nature of the offence, involving allegations under Sections 304, 120(b), and 34 of IPC, Sections 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(f), 11(1)(h), and 11(1)(k) of the Prevention of Animal Cruelty Act, Sections 4 and 9(1) of The Gujarat Essential Commodities and Cattle (Control) Act, 2005, Section 6(k)(1) and 8 of the Animal Preservation Act, and Section 125(e) of the Central Motor Vehicle Act, 2005, is serious. Learned APP has therefore submitted that, looking to the nature of the offence and the Applicant’s antecedents, this Court may not exercise discretion in favour of the Applicant, and the Application may be dismissed. 6. Heard learned Advocates for the parties and perused the record. The investigation is over, and the charge sheet is filed. As per the case of the prosecution, the role attributed to the Applicant is that he was allegedly involved in the transportation of cattle, which led to an accident resulting in the death of the driver and R/CR.MA/21920/2025 ORDER DATED: 15/10/2025 another person. It is noted that the FIR was initially registered against unknown persons, and the Applicant’s name surfaced based on statements of co-accused. No direct witnesses support the prosecution’s case against the Applicant as the receiver of the alleged cattle. Other co-accused with similar or graver roles have been released on bail. Considering these aspects, the Application deserves consideration. This Court has also considered the following aspects: (a) As per catena of decisions of the Hon’ble Supreme Court, there are mainly three factors to be considered by this Court, i.e., prima facie case, availability of the Applicant accused at the time of trial, and tampering or hampering with the witnesses by the accused. (b) The learned Advocate for the Applicant has submitted that the Applicant is not likely to flee. (c) The Applicant is in custody since 26.07.2025. (d) The law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. C.B.I. reported in (2012) 1 SCC 40. 7. Having heard the learned Advocates for the parties and perusing the record produced in this case, as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant at the time of trial, and the role attributed to the Applicant, the present Application deserves to be allowed and accordingly stands allowed. This Court has also R/CR.MA/21920/2025 ORDER DATED: 15/10/2025 gone through the FIR and police papers and the earlier order passed by the learned Sessions Court, where the learned Sessions Judge disallowed the bail Application on 26.09.2025. The Applicant is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall: (a) Not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) Maintain law and order and not indulge in any criminal activities. (c) Furnish documentary proof of complete, correct, and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court. (d) Provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers, inform in writing immediately to the Trial Court. (e) Mark presence before the concerned Police Station once a month for a period of six months between 11:00 a.m. and 2:00 p.m. (f) Not leave India without prior permission of the Trial Court. (g) Surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess a passport, he shall file an affidavit R/CR.MA/21920/2025 ORDER DATED: 15/10/2025 to that effect. 8. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for. 9. If a breach of any of the above conditions is committed, the Trial Court concerned will be free to issue a warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being. 10. At the trial, the concerned Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Rule is made absolute. Direct service permitted. (R. T. VACHHANI, J) MVP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 15/10/2025 17:20:26