Madinabibi D/O Aatish Kalu W/O Suleman ... vs State Of Gujarat

Gujarat High Court

Madinabibi D/O Aatish Kalu W/O Suleman ... vs State Of Gujarat on 13 February, 2025

                                                                                                                     NEUTRAL CITATION




                              R/CR.MA/506/2025                                        ORDER DATED: 13/02/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 506
                                                   of 2025

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                                      MADINABIBI D/O AATISH KALU W/O SULEMAN ITRA
                                                          Versus
                                                   STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
                       MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                            Date : 13/02/2025

                                                             ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of notice for and on behalf of the respondent State.

2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, the applicant-accused has prayed for enlarging the Applicant on anticipatory bail in connection with the FIR be i ng C. R. No . 1 1 2 0 7 0 0 2 2 4 0 5 5 6 of 2024 registered wit h Godhara 'B' Division Police Station, District - Panchmahal for the offence punishable under Sections 5(1), 6(B), 8(2), 8(4) and 10 of Gujarat Animal Preservation (Amendment) Act, 2017 and Page 1 of 6 Uploaded by NABILA A. VHORA(HC00630) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:05:24 IST 2025 NEUTRAL CITATION R/CR.MA/506/2025 ORDER DATED: 13/02/2025 undefined Section 325 of Bharatiya Nyaya Sanhita and Section 119 of Gujarat Police Act.

3. Learned Advocate for the Applicant has submitted that the Applicant is apprehending arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned advocate for the applicant has submitted that considering the facts stated in the Application, the applicant may be granted anticipatory bail.

4. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He submitted that when the police had raided the premises, the applicant herein had tried to escape from place of raid. Learned APP has therefore prayed that the present Application may be dismissed.

5. Heard learned Advocates for the parties the arguments advanced by the learned advocates for the parties and perused the material available on record.

NEUTRAL CITATION R/CR.MA/506/2025 ORDER DATED: 13/02/2025 undefined

6. It is the case of prosecution that the present applicant was in the business of sale of beef along with the other co-accused and when the police authority had raided the presmises wherein the said activity was going on, the applicant having seen the police had run away from the place of incident. However, except the statement of other co-accused, there is no other material connecting the present applicant with the present offence. Having regard to this aspect, the present application deserves to be allowed.

7. This Court has considered following aspects,

(a) as per catena of decisions of Hon'ble Supreme Court there are mainly two factors which are required to be considered by this court;

(i) prima facie case

(ii)requirement of accused for custodial interrogation.

Therefore, in the facts and circumstances of the present case, this court is inclined to consider the case of the applicant.

NEUTRAL CITATION R/CR.MA/506/2025 ORDER DATED: 13/02/2025 undefined

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565. Further, this Court has also taken into consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-7282/2017 dated 29.01.2020.

8.1 This court has also considered the judgment in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, wherein the Hon'ble Apex Court has observe that whenever there is punishment of 7 years, then the court would be liberal to exercise the discretion.

9. In the result, the present application is allowed. The applicant is ordered to be released on anticipatory bail in the event of arrest in connection with the aforesaid F.I.R. on executing a personal bond of Rs.10,000/- with Page 4 of 6 Uploaded by NABILA A. VHORA(HC00630) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:05:24 IST 2025 NEUTRAL CITATION R/CR.MA/506/2025 ORDER DATED: 13/02/2025 undefined one surety of like amount on the following conditions;

                                     (a)             shall            cooperate               with                the
                                     investigation                  and          make      available for

interrogation whenever required;

(b) shall remain present at concerned Police Station on 2 8. 02 . 20 2 5 between 12.00 Noon and 2.00 p.m.;

(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence Page 5 of 6 Uploaded by NABILA A. VHORA(HC00630) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:05:24 IST 2025 NEUTRAL CITATION R/CR.MA/506/2025 ORDER DATED: 13/02/2025 undefined till the final disposal of the case till further orders;

(f)shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and

10. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(M. R. MENGDEY,J) NABILA Page 6 of 6 Uploaded by NABILA A. VHORA(HC00630) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:05:24 IST 2025