Cow Is Regarded As Sacred & Worthy Of Protection; Repeated Cow Progeny Slaughter Offences Show Misuse Of Bail: Gujarat HC Denies Bail To Accused
The Bench said that the societal interest outweighs the claim of the applicant for grant of regular bail.
The Gujarat High Court has denied regular bail to an accused under Sections 5(1), 6(b), 8(2), 8(4) and 10 of the Gujarat Animal Preservation Act, 2011 (Amendment Act, 2017), Section 325 BNS and Section 119 of the Gujarat Police Act, observing that the cow is regarded as sacred and worthy of protection by a substantial section of society.
The Court held that repeated involvement in cow progeny slaughter offences, including allegations of continuing similar activities despite earlier bail, prima facie reflects misuse of the liberty granted by the Court. Considering the nature of allegations, criminal antecedents and the alleged impact of such activities on public order and communal harmony, the Court held that the societal interest outweighs the applicant’s claim for grant of regular bail.
Justice Hasmukh D. Suthar observed, “…the allegations disclose repeated involvement of the applicant in offences relating to illegal slaughter and transportation of cow progeny. Such activities not only defeat the object and purpose of the legislation but also have the potential to adversely affect public order and communal harmony. The Court cannot be oblivious to the fact that the cow is regarded as sacred and worthy of protection by a substantial section of Indian society, including members of the Hindu and Jain communities. Repeated involvement in offences of the present nature is capable of hurting public sentiments and creating social tension in the locality. The object of the legislation is to preserve and protect cow progeny and, therefore, repeated involvement in such offences after having been enlarged on bail cannot be lightly ignored”.
“…The antecedents of the applicant indicate a recurring pattern of conduct and, prima facie, demonstrate misuse of the liberty granted by the Court. In the facts of the present case, the societal interest outweighs the claim of the applicant for grant of regular bail”, it noted further.
Advocate Altaf Y Charkha appeared for the applicant and Shruti Pathak, APP appeared for the respondent.
The prosecution alleged that on receiving specific information regarding transportation and storage of beef, police conducted a raid and recovered approximately 23 kilograms of suspected beef from a plot adjacent to the applicant’s residence.
The material recovered during the raid also included a knife, weighing scale and other articles allegedly used for slaughtering and sale of beef.
The Court noted that the applicant had eight criminal antecedents of a similar nature and that the prosecution alleged that he continued to engage in similar activities despite being enlarged on bail previously. The Court observed that such activities defeat the object and purpose of the statutory scheme aimed at preservation and protection of cow progeny and have the potential to adversely affect public order and communal harmony.
Referring to Articles 48 and 51A(g) of the Constitution of India, the Court observed that though fundamental duties are not enforceable by themselves, they reflect constitutional philosophy and legislative intent behind laws prohibiting slaughter of cow progeny.
However, noting that the charge-sheet had already been filed and only 26 witnesses were cited, the Court directed the Trial Court to make efforts to expedite the trial while safeguarding the accused’s right to speedy trial. The bail application was accordingly rejected.
Cause Title: Mohammad Aarif Abdul Razak Samol v. State of Gujarat (Neutral Citation: 2026:GUJHC:36716)
Appearances:
Applicant: Altaf Y Charkha, Advocate.
Respondent: Shruti Pathak, APP.