High Court of Gujarat
HABIB @ SUFIYAN MOHAMMADBHAI KALRAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court granted regular bail to the applicant, subject to conditions, as the evidence did not warrant further detention.
Summary
The petitioner, Habib @ Sufiyan Mohammadbhai Kalra, was arrested on 1 May 2026 in connection with an FIR alleging violations of the Gujarat Animal Preservation Act, 2017, the Prevention of Cruelty to Animal Act, 1960, and the Bhartiya Nyaya Sanhita, 2023. He filed a regular bail application under Section 483 of the BNSS before the chargesheet was filed, claiming he played no vital role in the alleged offences. The State opposed bail, arguing the nature of the accusations warranted continued detention. The Court observed that the arrest was based solely on a co‑accused’s statement, no material had been recovered from the petitioner, the investigation concerning him was essentially complete, and he had no prior similar antecedents. Consequently, the Court granted regular bail with a personal bond of Rs.10,000 and several conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether regular bail should be granted before the filing of a chargesheet for offences under the Gujarat Animal Preservation Act, the Prevention of Cruelty to Animal Act, and the Bhartiya Nyaya Sanhita.
- Whether the applicant's alleged role, based only on a co‑accused’s statement, justifies continued detention.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023s. 299, s. 325
Subjects
regular bailpre‑charge sheet bailanimal preservation offencescriminal procedureSection 483 BNSSco‑accused statementdetentionbail conditions
Judgment
R/CR.MA/12278/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12278 of 2026
==========================================================
HABIB @ SUFIYAN MOHAMMADBHAI KALRA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS YASHA MATHUR, ADVOCATE for
MR SR SHARMA(5686) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this application filed under
Section 483 of the BNSS, seeks regular bail in
connection with the FIR being I-C.R. No.
11193024260131 of 2026 registered with Jafrabad
Police Station, Dist. Amreli for the offences
punishable under Sections 5(1), 5(1)(1A), 6B, 8(1), 8(2),
8(3) and 8(4) of the Gujarat Animal Preservation Act,
2017, Section 11(1) of the Prevention of Cruelty to
Animal Act, 1960 and Section 325 and 299 of the
Bhartiya Nyaya Sanhita, 2023.
3. It is the submission of learned counsel for the applicant
that he is suffering confinement since 01.05.2026. He
further submitted that the applicant has not played any
vital role in the alleged offence. Hence, further detention
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R/CR.MA/12278/2026 ORDER DATED: 04/06/2026
of the applicant is unwarranted.
4. Learned APP has opposed the bail application
contending that, considering the conduct of the
applicant and nature of accusation, the discretion may
not be exercised in favour of the applicant.
5. Having heard the learned counsel for the respective
parties and upon perusal of the material placed on
record, it appears that the applicant herein has been
arrested on the basis of the statement of co-accused. So
far recovery is concerned, nothing has been found from
the applicant herein. The investigation qua the present
applicant is almost over admittedly and the further
custody of the applicant is not necessary. The applicant
is not involved in any past antecedent of like nature.
Under such circumstances, having regard to the role
attributed to the present applicant and evidence in
support of charge, without commenting on merits of the
matter, I deemed it fit to release the applicant on bail.
Hence, present application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being I-C.R.
No. 11193024260131 of 2026 registered with
Jafrabad Police Station, Dist. Amreli on executing a
personal bond of Rs.10,000/- (Rupees Ten thousands
only), with one surety of the like amount to the
satisfaction of the learned Trial Court and subject to the
conditions that he shall:
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R/CR.MA/12278/2026 ORDER DATED: 04/06/2026
No. Conditions
(a) not take undue advantage of liberty or misuse
liberty;
(b) not act in a manner injuries to the interest of
the prosecution;
(c) surrender passport, if any, to the lower court
within a week;
(d) not leave India without prior permission of the
Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not
change the residence without prior permission
of the trial Court;
7. The authorities shall release the applicant if he is not
required in connection with the any other offence. If
breach of any above condition is committed, the Sessions
Judge concerned shall take appropriate action or issue
warrant against the applicant. The bail bond to be
executed before the learned trial Court having jurisdiction
to try the case. It will be open for the sessions judge
concerned to delete, modify and/or relax any of the above
conditions, in accordance with law. Nothing stated
hereinabove, shall tantamount to the expression of any
opinion on the merits of this case. Rule is made absolute
to the aforesaid extent. Direct service permitted.
(ILESH J. VORA,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 04/06/2026 11:14:23
Page 3 of 3
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