Extracted from the PDF above. The PDF is authoritative.
-1- 939-BA-1610-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1610 OF 2026 ASHIK LIYAKAT SARDAR VERSUS THE STATE OF MAHARASHTRA ..... Advocate for Applicant : Mr. Uday Randhir Sharma a/w Mr. Danish Khatik and Mr. Mohit Gavli APP for Respondent - State : Mr. D. J. Patil .....
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 9th SEPTEMBER 2026 PER COURT :
1. Applicant seeks grant of regular bail on account of his arrest in Crime No.09 of 2026 registered at Nandurbar City Police Station, District Nandurbar for offences punishable under Sections 123, 210, 274, 276 of the Bharatiya Nyaya Sanhita (BNS) and under Sections 11(1)(g) and 12 of the Prevention of Cruelty to Animals Act,
1960.
2. Pointing to date of arrest of applicant as 09-01-2026,
learned counsel submitted that, applicant is behind bars since 6 to 7 months. That, there are allegations that, applicant indulged in giving injections to the cattle to increase the milk yield. Informant claims that because of the said inoculation, there is danger to the livestock as well as harm to the consumers. That, raid was 2026:BHC-AUG:41870
-2- 939-BA-1610-2026 accordingly said to be conducted and above crime has been registered. He pointed out that, whatever material has to be seized is already seized. Learned counsel submitted that, there is no incriminating evidence or material regarding above accusations and there is no evidence to show that milk was circulated among the masses for consumption. According to him, chargesheet is already filed in March, 2026. That, nothing further is to be recovered or discovered from him. That, charge is not yet framed and as there is uncertainty over commencement of trial, he urges for bail.
3. Learned APP would oppose on the ground that, acting on secret information, raid was carried out to the house of applicant alongwith forensic team, panchas, and two persons were found to be in the activity of mixing various chemicals kept in various containers. That, those persons, on enquiry, informed that, the preparation was injected in milking cow, however, there was no licence or permit to conduct such activity. Accordingly, present applicant Tukaram Gavali and Ashik Liyakat Sardar were taken in custody alongwith said material and crime was registered.
4.
Learned counsel for applicant submitted that, no Oxytocin, which said to be harmful, is detected in any of the
-3- 939-BA-1610-2026 seizure. Learned APP agreed that, but according to her, said chemical is harmful to cattle.
5. Now investigation is over. Chemical Analyzer (CA) report is also gathered, which shows that there was no Oxytocin. When entire recovery and discovery is carried out, no purpose would be served by further detention of the applicant.
6. The co-accused Tukaram Gavali and his son Yash Tukaram Gavali have already been released on bail. Comparatively, the role attributed to the present applicant is much lesser than the role attributed by the prosecution to the released co-accused persons. I am satisfied that the law of parity will apply and accordingly, the following order is passed :
ORDER (i) The application is allowed. (ii) Applicant - Ashik Liyakat Sardar be released on bail in connection with Crime No.09 of 2026 registered at Nandurbar City Police Station, District Nandurbar, on executing Personal Bond of Rs.15,000/- with one local surety in the like amount, on the following conditions :
-4- 939-BA-1610-2026 [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not enter the vicinity where informant resides, till conclusion of trial. (iii) The Bail Application is accordingly disposed off.
(HITEN S. VENEGAVKAR) JUDGE Tandale