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2026 DAILYLAW 2239 (GUJ)

SAHID ABDUL RASID KURESHI v. STATE OF GUJARAT

CR.MA/14515/2026 · 2026-07-21

Nikhil S Kariel

body2026

Judgment text

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R/CR.MA/14515/2026 ORDER DATED: 21/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 14515 of 2026 With R/CRIMINAL MISC.APPLICATION NO. 14529 of 2026 ========================================================== SAHID ABDUL RASHID KURESHI Versus STATE OF GUJARAT ========================================================== Appearance: ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 21/07/2026 COMMON ORAL ORDER 1. Heard learned Advocate Mr. Devansh Kakkad for learned Advocate Mr. A.M. Saiyed appearing on behalf of the applicants and learned Additional Public Prosecutor Mr. Hardik Soni appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicants have filed these applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No. 11199004260022 of 2026 registered with Ankleshwar City ‘A’ Division Police Station, District Bharuch, for the offence punishable under Sections 5, 6(A), 6(B), 8(1), 8(2), 8(3), 8(4) and 10 of the Gujarat Animal R/CR.MA/14515/2026 ORDER DATED: 21/07/2026 Preservation Act, Section 11(1)(l) of the Prevention of Cruelty to Animals Act, Sections 325, 111(2) and 111(4) of the Bharatiya Nyaya Sanhita and Section 119 of the Gujarat Police Act. 4. Learned advocate for the applicants would submit that considering the role attributed to the applicants, and nature of the allegation levelled, the applicants may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed, no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that the applicants are 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 to the applicants. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicants as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicants and the applications may be dismissed. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- R/CR.MA/14515/2026 ORDER DATED: 21/07/2026 i. Allegation being that the accused had dealt in prohibited meat (cow progeny). It would appear in this regard that the applicants were found in possession of the prohibited meat and whereas it would prima facie appear that the same was for retail sale, as against the allegation of the applicants having slaughtered the animals, since at the time of arrest there was no carcass found. ii. While applicant of Criminal Misc. Application No. 14515 of 2026 is stated to have one antecedent of similar nature and applicant of Criminal Misc. Application No. 14529 of 2026 is stated to have two antecedents of similar nature, yet, considering the above as also considering that the applicants are in custody since 11.01.2026, i.e. almost a period of seven months and the charge-sheet is filed, this Court is inclined to release the applicants on regular bail, albeit with appropriate safeguards, more particularly as per the request made by the learned APP. 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 the applicants in the First R/CR.MA/14515/2026 ORDER DATED: 21/07/2026 Information Report, without 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 applicants on regular bail. 8. Hence, the present applications are allowed. The applicants are ordered to be released on bail in connection with FIR being C.R. No. 11199004260022 of 2026 registered with Ankleshwar City ‘A’ Division Police Station, District Bharuch, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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] not enter Bharuch District for a period of six months except for R/CR.MA/14515/2026 ORDER DATED: 21/07/2026 attending the trial or marking presence, if that is a condition in the earlier offences. [g] mark presence once a month for a period of six months before the Kosamba Police Station, District Surat. 9. The Authorities will release the applicants only if they are 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 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 applications of the applicants for being released on regular bail. 12. The applications are allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 22/07/2026 15:00:05