FAKRUDDIN @ BHOLA KAMRUDDIN PATHANversusSTATE OF GUJARAT

     R/CR.MA/4339/2026                          ORDER DATED: 20/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 4339 of 2026
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        FAKRUDDIN @BHOLA S/O AJIJBHAI @KAMRUDDIN SHAIKH
                             Versus
                      STATE OF GUJARAT
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Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 20/02/2026

                            ORAL ORDER

       Learned advocate seeks permission to amend the cause
title, more particularly the name of the applicant.
       Permission is granted. Appropriate amendment to be
carried out right away.


1.     Heard learned advocate Ms.J.C. Bhatt appearing on behalf
of the applicant and learned Additional Public Prosecutor
Mr.Mehta appearing on behalf of the respondent-State.


2.     Rule. Learned APP waives service of rule on behalf of the
respondent-State.


3.     The applicant has (led 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.
11191041251021 of 2025 registered with Shaher Kotda Police
Station, District : Ahmedabad, for the o0ence punishable under


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     R/CR.MA/4339/2026                         ORDER DATED: 20/02/2026




Sections 325 and 54 of BNS and Sections 5(1)(1-A), 6, 6(A), 7(1),
8(1), 8(2), 8(3), 8(4) and 10 of the Gujarat Animal Preservation Act
and Amendment Act, Sections 11(1)(E), 11(1)(F), 11(1)(L) of the
Preservation of Cruelty to Animal Act, Sections 335 and 392 of
the Gujarat Provincial Municipal Corporation Act, and Section
135(1) of the GP Act.


4.     Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
the allegation levelled, the applicant may be enlarged on regular
bail. It is further submitted that since the charge-sheet is (led, no
useful purpose would be served by keeping the applicant in jail
for inde(nite 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.


5.     As against the same, learned Additional Public Prosecutor
appearing for the respondent – State has vehemently objected to
the grant of regular bail. Learned APP has submitted that looking
to the nature of o0ence and the role attributed to the present
applicant as coming out from the charge-sheet, this Court may
not exercise the discretion in favour of the applicant and the
application 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/4339/2026                              ORDER DATED: 20/02/2026




       i. The allegation being under the prevention of Animal
           Cruelty Act and whereas it would appear that the role
           attributed to the present applicant is of having
           transported the prohibited animals in question
       ii. While learned APP would submit that one of the animals
           was found slaughtered and one live animal was found at
           the place in question, yet having regard to the fact the
           role attributed to the applicant was of having
           transported the meat;
       iii. The fact of the applicant being in custody since
           06.12.2025 and the charge-sheet having been (led, and
           the applicant not having any antecedents, this Court is
           inclined to consider this application;


7.     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.


8.     In the facts and circumstances of the case and considering
the nature of the allegations made against in the First
Information Report, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a (t case to
exercise the discretion and enlarge the applicant on regular bail.


9.     Hence, the present application is allowed. The applicant is
ordered to be released on bail in connection with F.I.R. registered
as C.R. No. 11191041251021 of 2025 registered with Shaher


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      R/CR.MA/4339/2026                          ORDER DATED: 20/02/2026




Kotda Police Station, District : Ahmedabad, on executing a
bond of Rs.25000/- (Rupees Twenty Five Thousand only) with
one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that he 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] mark presence before concerned police station once a month
      for six month;

 10. The Authorities will release the applicant only if he is not
required in connection with any other o0ence 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.


11.      Bail bond to be executed before the lower court having
jurisdiction to try the case. It will be open for the concerned



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        R/CR.MA/4339/2026                                                ORDER DATED: 20/02/2026




  Court to delete, modify and/or relax any of the above conditions
  in accordance with law.


  12.      At the stage of trial, the trial court shall not be inEuenced
  by any observations of this Court which are of preliminary nature
  made at this stage, only for the purpose of considering the
  application of the applicant for being released on regular bail.


  13.      The application is allowed in the aforesaid terms. Rule is
  made absolute to the aforesaid extent. Direct service is
  permitted.



                                                                          (NIKHIL S. KARIEL,J)
  KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 21/02/2026 17:27:26




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