[Cites 2, Cited by 0]
Gujarat High Court
Mohamad Samir Said Murad vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9550/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9550 of 2026
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MOHAMAD SAMIR SAID MURAD & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1,2
MR SHAMBHUKUMAR(13426) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicants and learned Additional Public Prosecutor
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf
of the respondent-State.
3. The applicants have filed this application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
NEUTRAL CITATION
R/CR.MA/9550/2026 ORDER DATED: 23/04/2026
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2023 for enlarging them on Regular Bail in connection
with FIR being C.R. No. 11214021260117 of 2026
registered with Kosamba Police Station, Surat, for the
offence punishable under Sections 5, 10 of Mumbai
Animal Protection Act, 1954 and Sections 6(c) and 6(4) of
the Gujarat Animal Protection Amendment Act, 2017 as
well as Sections 11(1),(a),(d),(e),(f), (h) of the Prevention
of Cruelty to Animal Act, 1960 .
4. Learned advocate for the applicants would submit
that, considering the role attributed to the applicants,
and nature of the allegation levelled, the applicants may
be enlarged on regular bail. It is further submitted that,
since the charge-sheet is filed, further incarceration of
the applicants will not benefit the Investigation Officer in
any manner. It is further contended that, the applicants
are ready and willing to abide by all the conditions that
may be imposed by this Court, if released on bail.
5. As against the same, learned Additional Public
NEUTRAL CITATION
R/CR.MA/9550/2026 ORDER DATED: 23/04/2026
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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 applicants as
coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicants and the
application may be dismissed.
6. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicants are permanent residents of Surat
district, hence would be available at the time of trial;
ii. The investigation being over, charge-sheet has been
filed;
iii. As per the prosecution case, both the applicants
were allegedly transporting four bulls in a tempo
bearing registration number GJ16-W-0515;
NEUTRAL CITATION
R/CR.MA/9550/2026 ORDER DATED: 23/04/2026
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iv. There is only an apprehension raised by the
prosecution that, the said bulls were being transported
for the purpose of slaughter.
v. The applicants do not have any criminal
antecedents;
vi. The apprehension of learned APP, as regards the
applicant indulging in similar kind of offence, if
granted bail, can be put to rest by imposing stringent
conditions.
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
the applicants 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
NEUTRAL CITATION
R/CR.MA/9550/2026 ORDER DATED: 23/04/2026
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discretion and enlarge the applicants on regular bail.
8. Hence, the applicants are ordered to be released on
bail in connection with FIR being C.R. No.
11214021260117 of 2026 registered with Kosamba Police
Station, Surat, on their each executing a bail 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 they shall;
[a] not take undue advantage of liberty or misuse
liberty;
[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, and if they do not possess a passport, they
shall file an affidavit to that effect;
[d] not leave the geographical limits of Surat district
till the trial is over without prior permission of the
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R/CR.MA/9550/2026 ORDER DATED: 23/04/2026
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Sessions Court concerned;
[e] furnish the present address of their residence to
the I.O. and also to the Court at the time of execution
of the bond along with documentary proof and shall
not change their residence without prior intimation to
the I.O. and the court;
[f] mark presence every alternate day for a period of
one month, and thereafter on every Monday (applicant
no. 1) and every Tuesday (applicant no. 2) before the
concerned police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter,
for which, they shall file affidavits before the
concerned court and the police station.
9. The Authorities will release the applicants only if
they are not required in connection with any other
offence for the time being. If breach of any of the above
conditions is committed, the Court concerned will be at
liberty to take appropriate action in accordance with law.
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10. Bail bond to be executed before the competent 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. At the stage of trial, the competent 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 enlarging the applicants on regular bail.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
