Gujarat High Court
Rajubhai Aatmaram Bhagvanbhai ... vs State Of Gujarat on 11 November, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/23054/2025 ORDER DATED: 11/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 23054 of 2025
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RAJUBHAI AATMARAM BHAGVANBHAI DEVIPUJAK
Versus
STATE OF GUJARAT
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Appearance:
MR M N SHAIKH(11323) for the Applicant(s) No. 1
MS ASMITA V PATEL for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/11/2025
ORAL ORDER
1. Heard learned advocate Mr. M.M. Kadivala for learned advocate Mr. M.N. Shaikh appearing on behalf of the applicant and learned Additional Public Prosecutor Ms. Asmita Patel appearing on behalf of the 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 Page 1 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:15:35 IST 2025 NEUTRAL CITATION R/CR.MA/23054/2025 ORDER DATED: 11/11/2025 undefined applicant on Regular Bail in connection with FIR being C.R. No. 11204041250846/2025 registered with Mahemdabad Police Station, Kheda for the offence punishable under Sections 6(a), 8(4), 10 of the Animal Preservation Act, 1954 and Section 10 of the Gujarat Animal Preservation Act and Sections 11(1)d, (e), (f) of the Preservation of Cruelty to Animals Act, 1960 and Section 119 of G.P. Act.
4. Learned advocate Mr. M.M. Kadivala for learned advocate Mr. M.N. Shaikh for the applicant would submit that the present applicant has been arraigned as an accused only because of the fact that he was owner of the vehicle which was ferrying the animals in question, except for the same, there is no other role which is attributed to the present applicant. Learned advocate would submit that as such, a person travelling in the vehicle was found on the spot has already been enlarged on regular bail by this Court vide order dated 06.11.2025 in Criminal MISC. Application No. 22922 of 2025. Having regard to the same, learned advocate would request this Court to enlarge the present applicant on regular bail. Page 2 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:15:35 IST 2025
NEUTRAL CITATION R/CR.MA/23054/2025 ORDER DATED: 11/11/2025 undefined
5. As against the same, learned Additional Public Prosecutor Ms. Asmita Patel appearing for the respondent - State has vehemently opposed this application.
6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. the fact that the applicant was the owner of the vehicle that the applicant otherwise did not have any role to play in the offence in question;
ii. the fact that the person who was found in the vehicle, having been released on regular bail by this Court;
iii. the fact of the applicant not having any antecedents;
This Court has taken into consideration the law laid down by Page 3 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:15:35 IST 2025 NEUTRAL CITATION R/CR.MA/23054/2025 ORDER DATED: 11/11/2025 undefined 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.11204041250846 of 2025 registered with Mahemdabad Police Station, District:-Kheda, on executing a bond of Rs.10,000/- (Rupees Ten Thousands 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; [b] not act in a manner injurious to the interest of the prosecution;
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NEUTRAL CITATION R/CR.MA/23054/2025 ORDER DATED: 11/11/2025 undefined [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 the 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] no need to mark presence;
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.
12. At the stage of trial, the trial court shall not be influenced by Page 5 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:15:35 IST 2025 NEUTRAL CITATION R/CR.MA/23054/2025 ORDER DATED: 11/11/2025 undefined 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) PD Page 6 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 03:15:35 IST 2025