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Bombay High Court

BILAL GULAM MOHAMMAD PATELversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted anticipatory bail to the applicant with specified conditions.

Summary

The applicant, Bilal Gulam Mohammad Patel, owns a scrap shop where an illegal cattle slaughter allegedly took place. He is charged under multiple statutes for permitting his premises to be used for the prohibited act, though he claims no direct involvement and offers cooperation with the investigation. The State opposes his anticipatory bail, arguing the seriousness of the offence and the need for custodial interrogation. The High Court, considering the applicant's lack of prior record and the nature of the allegation, granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, imposing conditions such as a surety bond, attendance at the police station, and non‑interference with witnesses. The order emphasizes that the trial court’s proceedings remain unaffected by these bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to the accused under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged illegal slaughter of cattle.
  • Whether the alleged permission of premises constitutes sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal slaughter
  • animal preservation
  • police act
  • bail conditions
  • criminal procedure

Judgment

                                                     38.ABA-2561.26.DOC




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO. 2561 OF 2026

Bilal Gulam Mohammad Patel                   … Applicant
V/s.
State of Maharashtra                         …. Respondent
           ______________________
Mr. Onkar Shinde a/w Ms. Dhanshree Shinde and Mr. Komal
Tiwari, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent No.1-State.
Mr. Khadke, API attached to Taloja Police Station, Navi Mumbai
present.
                            ______________________


                            CORAM : MADHAV J. JAMDAR, J.
                            DATED : 28 SEPTEMBER 2026
P. C. :-

1.         Heard Mr. Shinde, learned counsel appearing for the

Applicant and Ms. Yadav, learned APP appearing for the

Respondent-State.


2.         By this application filed under Section 482 of Bharatiya

Nagarik Suraksha Sanhita, 2023 the Applicant is seeking pre-arrest

bail in connection with C.R. No.329 of 2026 registered with Taloja

Police Station, Navi Mumbai for the offences punishable under




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Section 33(1) read with Section 131 of the Maharashtra Police Act,

1951, Sections 5(c), 9(a), 9(b) of the Maharashtra Animal

Preservation Act, 1976 and Section 325 read with 3(5) of the

Bhartiya Nyaya Sanhita, 2023.



3.      Learned counsel appearing for the Applicant states that the

Applicant is not involved in the crime and there are no antecedent

and the Applicant will cooperate with the investigation.



4.      On the other hand, learned APP strongly opposes the

application. Learned APP states that the offence is very serious

and, therefore, custodial interrogation of the Applicant is

necessary. Learned APP states that there are total 13 Accused. Out

of the same, 3 Accused have been arrested. Out of the said 3

Accused, one has been released on regular bail.


5.      The prosecution case is set out in paragraph no.2 of order

dated 2 September 2026 passed by the learned Additional Sessions

Judge, Panvel, Raigad in ABA No.732 of 2026 which reads as

under :-

      “2. In Nutshell, the case of the prosecution case that on 10/06/2026 at
      about 06:30 a.m., an illegal slaughtering of cattle (bulls) without a
      valid license or permit was taking place in a shed/godown located




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                                                            38.ABA-2561.26.DOC




      behind the scrap shop owned and possessed by the applicant near the
      Ram Bridge/Railway Bridge at Somji Peth. It is alleged that three live
      cattle were recovered from the spot in an unconscious state, awaiting
      slaughter. Thus, law was set into motion.”


6.      The allegation against the Applicant is that he has knowingly

permitted these premises to be used for the commission of

prohibited acts. It is the submission of the learned APP that even

as per the prosecution case, the place of the incident is behind a

scrap shop owned and possessed by the present Applicant.

7.      In any case, the Applicant is not directly involved in the

crime. The only allegation is that he has permitted these premises

to be used for the commission of prohibited acts. Even as per the

F.I.R., the incident in question has taken place in a shed which is

behind the scrap shop of the Applicant. There are no other

antecedents against the Applicant. The learned counsel for the

Applicant states that the Applicant will cooperate with the

investigation.

8.      Accordingly, in the facts and circumstances, the case is made

for a grant of anticipatory bail by imposing following conditions :-

                                  ORDER

        (a)     In the event of arrest of the Applicant in connection

                with C.R. No.329 of 2026 registered with the Taloja




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                                                  38.ABA-2561.26.DOC




            Police Station, Navi Mumbai, District Raigad, the

            Applicant is directed to be released on bail on

            furnishing P.R. Bond in the sum of Rs.30,000/- with

            one or two solvent sureties each in the like amount.

      (b)   The Applicant shall attend the concerned Police

            Station on 5th and 6th October 2026 between 11:00

            a.m. to 02:00 p.m. and, thereafter, as and when

            necessary.

      (c)   The Applicant shall furnish his cell phone number and

            residential address to the Investigating Officer and

            shall keep the same updated, in case of any change

            thereto.

      (d)   The Applicant shall not directly or indirectly make any

            inducement, threat, or promise to any person

            acquainted with the facts of the case so as to dissuade

            such a person from disclosing the facts to the Court or

            to any Police personnel.

      (e)   The Applicant shall not tamper with the prosecution

            evidence and shall not contact or influence the

            Complainant or any witness in any manner.




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                                                   38.ABA-2561.26.DOC




9.    The observations made in this order are only for the purpose

of considering the anticipatory bail application and the learned

Trial Court shall not be influenced by these observations.



10.   The Anticipatory Bail Application is disposed of accordingly.



                                          [MADHAV J. JAMDAR, J.]




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