[Cites 5, Cited by 0]
Gujarat High Court
Yusufbhai Hasambhai Kabirani(Muslim) vs State Of Gujarat on 21 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/9123/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9123 of 2026
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YUSUFBHAI HASAMBHAI KABIRANI(MUSLIM)
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Denish Mavadhiya on behalf of the
applicant and learned Additional Public Prosecutor Mr. Hardik Mehta on
behalf of respondent- State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No. 11186004260007 of
2026 registered with Prabhas Patan Police Station, District: Gir
Somnath for the offence punishable under Sections 298 and 325 of
Bharatiya Nyaya Sanhita, 2023 and under Sections 5(1)(a), 6(b), 8(1)(2)(3)(4)
and 10 of the Gujarat Animal Preservation Act, 1954 ( as amended in
2017).
NEUTRAL CITATION
R/CR.MA/9123/2026 ORDER DATED: 21/04/2026
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4. Learned Advocate for the applicant would submit that considering
the role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that no
useful purpose would be served by keeping the applicant in jail for indefinite
period. It is further contended that the applicant is ready and willing to
abide by the conditions that may be imposed by this Court if released on
bail.
5. As against the same, learned Additional Public Prosecutor appearing
for the respondent - State has vehemently objected to the grant of regular
bail. Learned APP has submitted that looking to the nature of offence and
the role attributed to the present applicant, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation under the Bhartiya Nyay Sanhita and the
Gujarat Animal Preservation Act and whereas the allegation being
that the accused had transacted in prohibited prohibited meat
(cow progeny ).
(ii) The allegation against the applicant being that he was
the proposed purchaser and whereas it does not appear that the
applicant was involved in the earlier part of the offence.
NEUTRAL CITATION
R/CR.MA/9123/2026 ORDER DATED: 21/04/2026
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(iii) The fact of the applicant being in custody since
30.03.2026 and the applicant having no antecedent.
(iv) The fact of the co-accused having been considered for
being released on regular bail by this Court vide orders dated
02.02.2026, 20.03.2026 and 23.03.2026 and learned Sessions Court
vide order dated 25.02.2026.
7. This Court has taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation reported in [2012] 1 SCC 40.
8. In the facts and circumstances of the case and considering the nature
of the allegations made against in the First Information Report, without
discussing the evidence in detail, prima facie, this Court is of the opinion
that this is a fit case to exercise the discretion and enlarge the applicant on
regular bail.
9. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with F.I.R. registered as C.R. No.
11186004260007 of 2026 registered with Prabhas Patan Police Station,
District: Gir Somnath on executing a bond of Rs.25,000/- (Rupees
Twenty Five Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
NEUTRAL CITATION
R/CR.MA/9123/2026 ORDER DATED: 21/04/2026
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[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish present address of residence to the I.O. and also to the Court
at the time of execution of the bond and shall not change the residence
without prior intimation to the I.O.;
[f] mark presence at the concerned Police Station once a week till the
charge-sheet is filed and thereafter once a month for a period of six
months.
10. The Authorities will release the applicant only if he is not required in
connection with any other offence for the time being. If breach of any of
the above conditions is committed, the Sessions Court concerned will be
free to take appropriate action in the matter.
11. 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.
NEUTRAL CITATION
R/CR.MA/9123/2026 ORDER DATED: 21/04/2026
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12. At the stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicant
for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
