FARUK MAHEBUBBHAI KATIYA (FARIKBHAI MAHEBUBBHAI KATIYA MU. MAN)versusSTATE OF GUJARAT

    R/CR.MA/18514/2026                                ORDER DATED: 11/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 18514 of 2026
==========================================================
FARUK MAHEBUBBHAI KATIYA (FARIKBHAI MAHEBUBBHAI KATIYA MU.
                           MAN)
                          Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 11/08/2026

                                 ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is "led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11211025260307 of 2026 registered
with Joravarnagar Police Station, Surendranagar, for the o1ences under
Sections 299, 325 and 3(5) of BNS, Section 119 of the GP Act, Section 11(1)(l)
of the Animal Cruelty Act and Sectiosn 6, 8(2) and 10 of the Animal
Preservation Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the o1ence.
Investigation is over and chargesheet has been "led. Nothing is required to
be recovered or discovered. He therefore submits that, considering the
nature of the o1ence, the applicant may be enlarged on regular bail by
imposing suitable conditions.


[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and requested to dismiss the present application for
regular bail on the ground that the applicant is very much involved in the
present o1ence and has slaughtered the animal. The applicant has several



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      R/CR.MA/18514/2026                                 ORDER DATED: 11/08/2026




past antecedents. Therefore, present application does not deserve
consideration.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o1ence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1)      Investigation is over and chargesheet has been "led;
(2)      None of the o1ence alleged is punishable with life sentence or
         death penalty ;
(3)      Applicant is behind the bar since 22.05.2026;
(4)      There is nothing to be recovered or discovered from the applicant;
(5)      Though the applicant is having past antecedents, he is presumed to
         be innocent till proven guilty;.
(6)      Allegation against the applicant is that the applicant and other co-
         accused stolen the cow of the complainant from the "eld and
         slaughtered it.
(7)      Obviously commencement and conclusion of trial will take
         its own time.



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      R/CR.MA/18514/2026                                    ORDER DATED: 11/08/2026




(8)      Co-accused having similarly situated role are enlarged on         regular
         bail and therefore, on the ground of parity also          (Rameshbhai
         Batubhai Dhabi Vs. State of Gujarat reported              in 2011 (3) GLR
         1999), present application deserves       consideration.

[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11211025260307 of 2026 registered with Joravarnagar Police Station,
Surendranagar on executing a personal bond of Rs.25,000/- (Rupees
Twenty-"ve Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he/she shall;
(a)      not take undue advantage of liberty or misuse liberty;
(b)      not act in a manner injurious to the interest of the prosecution & shall
         not obstruct or hamper the police investigation and shall not to play
         mischief with the evidence collected or yet to be collected by the
         police;
(c)      surrender passport, if any, to the Trial Court within a week;



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         R/CR.MA/18514/2026                                                       ORDER DATED: 11/08/2026




   (d)       not leave the State of Gujarat without prior permission of the Trial
             Court concerned;
   (e)       mark presence before the concerned police station once in a month
             for a period of six months;
   (f)       furnish the Aadhaar card, email ID/present address of his residence to
             the Investigating OGcer and also to the Court at the time of
             execution of the bond and shall not change the residence/contact
             number without prior permission of Trial Court;
   (g)       not to indulge in any illegal activity failing which learned trial Court
             shall issue warrant and cancel the bail of the applicant.
   (h)       not to enter into Surendranagar District for a period of six months
             except for marking presence before the concerned police station
             and/or for attending Court;

   [9.0] The authorities will release the applicant only if he is not required in
   connection with any other o1ence for the time being. If breach of any of the
   above conditions is committed, the Sessions Judge concerned will be free to
   issue warrant or take appropriate action in the matter.


   [10.0] 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.

   [11.0] At the trial, the trial Court shall not be inIuenced by the observations
   of preliminary nature qua the evidence at this stage made by this Court
   while enlarging the applicant on bail.

   [12.0] Rule is made absolute to the aforesaid extent. Direct service is
   permitted.




                                                                            (HASMUKH D. SUTHAR,J)

   SUCHIT

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 11/08/2026 14:23:47
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