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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 325, 3(5)
- Maharashtra Animal Preservation Act, 1976 — s. 5(c), 9(a), 9(b)
- Maharashtra Police Act, 1951 — s. 131, 33(1)
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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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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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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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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