SAHID ABDUL RASID KURESHIversusSTATE OF GUJARAT

      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

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     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:-


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     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


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     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



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        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



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