Gujarat High Court
Raziya Abdulrauf Kachona vs State Of Gujarat on 20 January, 2025
NEUTRAL CITATION
R/CR.MA/1102/2025 ORDER DATED: 20/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1102
of 2025
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RAZIYA ABDULRAUF KACHONA
Versus
STATE OF GUJARAT
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Appearance:
MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/01/2025
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on
behalf of the respondent No.1 – State of Gujarat.
[1.0] By way of the present application under Section 438 of the
Code of Criminal Procedure, 1973, the applicant accused has
prayed to release her on anticipatory bail in the event of her
arrest in connection with the FIR being C.R. No.I-
11207002240595 /2024 registered with Godhra B Division
Police Station, Panchmahal for the offences punishable under
Sections 5(a), 6(b), 8(4), 8(2) and 10 of the Gujarat Animal
Preservation (Amendment) Act, 2017 and Sections 11(1)(f),
11(1)(h), 11(1)(i) and 11(1)(l) of the Prevention of Cruelty to
Animal Act, Section 325 of the BNS and Section 119 of the GP
Act.
[2.0] Learned advocate for the applicant submits that applicant
is a lady and she has nothing to do with the offence. She is falsely
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NEUTRAL CITATION
R/CR.MA/1102/2025 ORDER DATED: 20/01/2025
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enroped in the offence. The allegations against the present
applicant is that on a secret information is received to the police
qua selling of cow beef and thereafter, raid was conducted and at
that time, the present applicant was present at the spot and she
happens to be sister of accused No.1 and her presence was
natural at the spot, there is no allegations against her qua
slaughtering or cruelty to animal. Her presence was natural and
based on the statement of co-accused, she arraigned as an
accused. Whatever allegations are levelled is qua supplier of beef
i.e. accused No.5. In the present case, accused Nos.2 and 3 are
owner of house and accused No.1 was selling the beef. Applicant
is having no past antecedents. Now nothing remains to be
recovered or discovered from the present applicant and
therefore, custodial interrogation at this stage is not necessary.
Besides, the applicant is available during the course of
investigation and will not flee from justice. In view of the above,
the applicant may be granted anticipatory bail.
[3.0] Learned Additional Public Prosecutor appearing on behalf
of the respondent – State has opposed grant of anticipatory bail
looking to the nature and gravity of the offence. Learned APP
has submitted that present applicant was present at the spot,
where the raid was conducted and she was selling the beef along
with the co-accused. Learned APP has further submitted that the
present applicant is involved in the offence. Considering the
severity of punishment and involvement of applicant, it was
found that there was slaughtering of cow progeny, which will
effect the religious sentiments. If she released on bail, therefore,
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NEUTRAL CITATION
R/CR.MA/1102/2025 ORDER DATED: 20/01/2025
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possibility cannot be ruled out to tamer with the evidence and to
breach the public tranquility and to indulge again in similar type
of illegal activity and hence, as custodial interrogation of the
applicant is required, he has requested to dismiss the present
application.
[4.0] Having heard the learned advocate for the parties and
perusing the investigation papers, it is equally incumbent upon
the Court to exercise its discretion judiciously, cautiously and
strictly in compliance with the basic principles laid down in a
plethora of decisions of the Hon’ble Apex Court on the point. It is
well settled that, among other circumstances, the factors to be
borne in mind while considering an application for bail are (i) the
nature and gravity of the accusation; (ii) the antecedents of the
applicant including the fact as to whether he has previously
undergone imprisonment on conviction by a Court in respect of
any cognizable offence; (iii) the possibility of the applicant to flee
from justice; and (iv) where the accusation has been made with
the object of injuring or humiliating the applicant by having her
so arrested. Though at the stage of granting bail an elaborate
examination of evidence and detailed reasons touching the merit
of the case, which may prejudice the accused, should be avoided.
I have considered the following aspects.
(1) Offence is not punishable with life imprisonment or death
penalty;
(2) Alleged offence is of November, 2024;
(3) Applicant is a lady; Page 3 of 6 Uploaded by KUMAR ALOK(HC01091) on Tue Jan 21 2025 Downloaded on : Tue Jan 21 21:56:00 IST 2025 NEUTRAL CITATION R/CR.MA/1102/2025 ORDER DATED: 20/01/2025 undefined (4) the role of the present applicant is that at the time of raid,
her presence was found at the spot, she happens to be the sister
of the accused No.1 and her house was owned by the accused
Nos.2 and 3, both are owner of house and accused No.5 has
supplied the said beef, except helping and selling the same, no
any allegations was levelled.
(5) No antecedent was report against the present applicant;
[5.0] Considering the aforesaid aspects and the law laid down by
the Hon’ble Apex Court in the case of Siddharam Satlingappa
Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1
SCC 6941, wherein the Hon’ble Apex Court reiterated the law
laid down by the Constitution Bench in the case of Shri
Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and
also the decision in the case of Sushila Aggarwal v. State (NCT
of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the
present application.
[6.0] In the result, the present application is allowed by directing
that in the event of arrest / appearance of the applicant in
connection with the FIR being C.R. No.I-11207002240595 /2024
registered with Godhra B Division Police Station, Panchmahal,
the applicant shall be released on bail on furnishing a personal
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of like amount on the following conditions that applicant :
(a) shall cooperate with the investigation and make
herself available for interrogation whenever required;
(b) shall remain present at the concerned Police
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Station on 28/01/2025 between 11.00 a.m. and 2.00
p.m. and the IO shall ensure that no unnecessary
harassment or inconvenience is caused to the
applicant;
(c) shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the
fact of the case so as to dissuade her from disclosing
such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected
or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change her residence till the
final disposal of the case till further orders;
(f) shall not leave India without the permission of the
Court and if having passport shall deposit the same
before the Trial Court within a week;
(g) an order of anticipatory bail does not in any manner
limit or restrict the rights or duties of the police or
investigative agency, to investigate into the charges
against the person who seeks and is granted pre-
arrest bail;
(h) It is open to the police or the investigating agency to
move the learned trial Court for a direction under
Section 483(2) to arrest the accused, in the event of
violation of any term, such as absconding, non-
cooperating during investigation, evasion,
intimidation or inducement to witnesses with a view
to influence outcome of the investigation or trial,
etc.-
[7.0] At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while enlarging the
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NEUTRAL CITATION
R/CR.MA/1102/2025 ORDER DATED: 20/01/2025
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applicant on bail.
[8.0] Rule is made absolute to the aforesaid extent. Application
is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
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