IRFAN GULAMNABI BELIMversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the regular bail application, granting bail subject to specified conditions.
Summary
The petitioner, Irfan Gulam Nabi Belim, was arrested on 29 January 2026 in connection with an alleged cow‑slaughter offence and charged under multiple provisions of the B.N.S., Gujarat Police Act, Gujarat Animal Preservation Act and the Animal Cruelty Act. He filed a regular bail application under Section 483 of the B.N.S. after the chargesheet had been filed, contending that he had no prior antecedents and played no vital role in the alleged crime. The State opposed bail, arguing that the nature of the accusations warranted continued detention. The Court examined the material, noted the absence of any past similar offences and the likelihood of a protracted trial, and held that bail could be granted subject to stringent conditions. Accordingly, the Court ordered the release of the petitioner on regular bail on a personal bond of Rs 10,000 with one surety and imposed conditions such as surrender of passport, residence reporting and monthly police verification. The order expressly stated that it did not express any opinion on the merits of the case.
Issues considered
- Whether regular bail may be granted after the filing of a chargesheet for offences under the B.N.S., Gujarat Police Act, Gujarat Animal Preservation Act and Animal Cruelty Act.
- Whether the petitioner’s conduct and the nature of the allegations justify the exercise of judicial discretion in favour of bail.
Legislation cited
- Animal Cruelty Acts. 11(1)(a), s. 11(1)(d), s. 11(1)(e), s. 11(1)(h), s. 11(1)(k), s. 11(1)(l)
- Gujarat Police Acts. 119
Subjects
Judgment
R/CR.MA/12314/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12314 of 2026
==========================================================
IRFAN GULAMNABI BELIM
Versus
STATE OF GUJARAT
==========================================================
Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
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 C.R. No.
11188009260120 of 2026 registered with
Modasa Town Police Station, Dist. Aravalli, for
the offences punishable under Sections 325, 299 and
54 of B.N.S. and Section 119 of G.P. Act and Sections
5(1), 5(1-A), 6(A)(1), 6(A)(3), 6(A)(4), 6(B)(1), 8(2),
8(4) and 10 of Gujarat Animal Preservation Act and
Sections 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(h), 11(1)
(k) and 11(1)(l) of Animal Cruelty Act.
3. It is the submission of learned counsel for the
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R/CR.MA/12314/2026 ORDER DATED: 02/06/2026
applicant that he is suffering confinement since
29.01.2026. He further submitted that the applicant
has not played any vital role in the alleged offence.
Hence, further detention 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 in connection with the alleged act of
slaughtering of the cow. Admittedly, the accused who
were not found at the place of offence, have been
considered by the trial court. The applicant does not
have any past antecedents of like nature. After
chargesheet, the trial may take considerable time. In
such circumstances, imposing stringent conditions, I
deem 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 C.R.
No. 11188009260120 of 2026 registered with
Modasa Town Police Station, Dist. Aravalli, on
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R/CR.MA/12314/2026 ORDER DATED: 02/06/2026
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:
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;
(f) mark presence before Modasa Town Police
Station, District: Aravalli in the first week of
every month between 11:00 a.m. to 12:00
p.m. for a period of one year
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
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R/CR.MA/12314/2026 ORDER DATED: 02/06/2026
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)
TAUSIF SAIYED
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 02/06/2026 11:20:16
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