Animals Found In Inhuman Condition No Ground To Presume They Were Being Transported For Slaughter: Gujarat High Court
The Court granted regular bail to two men accused of transporting 10 cows and 2 calves without food or water, observing that keeping an accused behind bars amounts to pre-trial conviction.
The Gujarat High Court has observed that the mere fact that animals were found in an inhuman condition is not a ground to presume that the cattle were being transported for slaughter.
The Court granted regular bail to two men who, along with a co-accused, were allegedly found transporting 10 cows and 2 calves without proper food or water, tied in a cruel manner. They had been booked under the Prevention of Cruelty to Animals Act, the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Motor Vehicles Act.
The Court noted that the applicants had been in custody since 12.10.2026, had no past antecedents, that a substantial part of the investigation was over and that nothing remained to be recovered from them.
The Bench of Justice Hasmukh D. Suthar observed, “As per the case of prosecution the applicants along with the co-accused were found transporting 10 cows and 2 calves without arranging proper food or water and tied them in cruel manner. The animal found in inhuman condition is not a ground to presume that the said cattle were transporting for slaughter purpose.”
Advocate Rekha H. Kapadia appeared for the Applicants, while APP Rohan N. Shah appeared for the State.
Brief Facts
The applicants filed an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail before the filing of the chargesheet. The FIR was registered at Umarala Police Station, Bhavnagar for offences under Sections 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(h), 11(1)(k), 5(1), 8(4) and 6(A) of the Prevention of Cruelty to Animals Act, Section 54 of the BNS and Section 192 of the Motor Vehicles Act.
Contentions of the Parties
The applicants contended that they were innocent and had been falsely implicated, and that since a substantial part of the investigation was over, they may be released on bail with suitable conditions.
The State opposed the application, submitting that the applicants were involved in a serious offence and had played an active role in its commission.
Observations/Findings of the Court
Referring to the decisions of the Supreme Court in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, the Court observed that the conclusion of the trial would take time, and that “keeping the accused behind the bars is nothing but amounts to pre-trial conviction.”
Considering the principle that “bail is a rule and jail is an exception” and the right to personal liberty under Article 21 of the Constitution, the Court allowed the application. It directed the release of the applicants on a personal bond of ₹25,000 each with one surety of the like amount.
The conditions included surrendering their passports, not leaving Gujarat without the Trial Court’s permission, and reporting to the police station weekly till the chargesheet is filed and monthly for six months thereafter.
The Court clarified that the Trial Court shall not be influenced by its preliminary observations on the evidence.
Cause Title: Ashvinbhai Govindbhai Navadiya & Anr. v. State of Gujarat [Neutral Citation: 2026:GUJHC:70678]