Vashimkhan Rashidkha Belim vs State Of Gujarat on 20 May, 2026

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    Gujarat High Court

    Vashimkhan Rashidkha Belim vs State Of Gujarat on 20 May, 2026

                                                                                                                   NEUTRAL CITATION
    
    
    
    
                                R/CR.MA/5187/2026                                     ORDER DATED: 20/05/2026
    
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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                            CHARGESHEET) NO. 5187 of 2026
    
                          ==========================================================
                                                    VASHIMKHAN RASHIDKHA BELIM
                                                               Versus
                                                         STATE OF GUJARAT
                          ==========================================================
                          Appearance:
                          MR UM SHASTRI(830) for the Applicant(s) No. 1
                          MR ROHAN N SHAH APP for the Respondent(s) No. 1
                          ==========================================================
    
                             CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
    
                                                                  Date : 20/05/2026
    
                                                                       ORDER
    

    Rule returnable forthwith. Learned A.P.P. waives service
    of notice of Rule for the respondent – State of Gujarat.

    [1] The present application is filed under Section 483 of the
    BNSS, 2023 for regular bail in connection with FIR being C.R.
    No.11207036240822 of 2024 registered with Kalol Police
    Station, District – Panchmahal for offence under Section 325 of
    BNS, Section 119 of GP Act and Sections 8(2) and 8(4) of the
    Gujarat Animal Preservation Amendment Act.

    SPONSORED

    [2] Learned Advocate appearing on behalf of the applicant
    submits that considering the nature of the offence, the
    applicant may be enlarged on regular bail by imposing suitable
    conditions.

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    NEUTRAL CITATION

    R/CR.MA/5187/2026 ORDER DATED: 20/05/2026

    undefined

    [3] Learned APP appearing on behalf of the respondent –
    State has opposed grant of regular bail looking to the nature
    and gravity of the offence.

    [4] Learned Advocates appearing on behalf of the respective
    parties do not press for further reasoned order.

    [5] Having heard the learned advocates for the parties and
    perusing the material placed on record and taking into
    consideration the facts of the case, nature of allegations,
    gravity of offences, role attributed to the accused, without
    discussing the evidence in detail, this Court is of the opinion
    that this is a fit case to exercise the discretion and enlarge the
    applicant on regular bail.

    [6] This Court has considered following aspects,

    (a) The applicant is in jail since 06.12.2025.

    (b) The investigation is over and the charge-sheet has
    been filed and no further custodial interrogation is
    required.

    (c) Since the investigation is over, no further recovery or
    discovery is required to be made from the present
    applicant.

    (d) Considering the fact that initially the name of the
    petitioner was not disclosed in the FIR, however, on the

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    NEUTRAL CITATION

    R/CR.MA/5187/2026 ORDER DATED: 20/05/2026

    undefined

    basis of the statement of the co-accused, the name of the
    present applicant has been implicated. Further
    considering the fact that the vehicle from which
    prohibited meat was found was owned by the other
    accused and the Co-ordinate Bench has already released
    the owner of the vehicle.

    (e) It is further noted that another accused has also
    been released recently by the Co-ordinate Bench having
    more or less the similar role as that of ascribed to the
    present applicant.

    (f) In the facts and circumstances of the present case
    and considering the role attributed to the applicant and
    the allegations levelled against him, the case of the
    applicant deserves consideration and, therefore, also on
    the ground of parity, I am inclined to consider the case of
    the applicant.

    [7] This Court has also taken into consideration the law laid
    down by the Hon’ble Apex Court in the case of Sanjay
    Chandra Vs. Central Bureau of Investigation
    , reported
    in [2012] 1 SCC 40.

    [8] Hence, the present application is allowed. The applicant
    is ordered to be released on regular bail in connection with FIR
    being C.R. No.11207036240822 of 2024 registered with Kalol
    Police Station, District – Panchmahal on executing a personal
    bond of Rs.10,000/- (Rupees Ten Thousand only) with one
    surety of the like amount to the satisfaction of the trial Court

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    R/CR.MA/5187/2026 ORDER DATED: 20/05/2026

    undefined

    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;

    [c] surrender passport, if any, to the lower court within a
    week;

    [d] not leave the India without prior permission of the
    concerned trial court;

    [e] mark presence before the concerned Police Station
    between 1st to 10th day of every English calendar month
    for a period of six months between 11:00 a.m. and 2:00
    p.m.;

    [f] furnish the present address of residence to the
    Investigating Officer and also to the Court at the time of
    execution of the bond and shall not change the residence
    without prior permission of the concerned trial court;

    [9] The authorities shall 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 Judge concerned will be free to issue warrant or
    take appropriate action in the matter. 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.

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    R/CR.MA/5187/2026 ORDER DATED: 20/05/2026

    undefined

    [10] At the trial, the Trial Court shall not be influenced by the
    prima facie observations made by this Court in the present
    order.

    [11] Rule is made absolute to the aforesaid extent.

    [12] Registry to communicate this order to the concerned
    Court/authority by Fax or Email forthwith.

    (NIRAL R. MEHTA,J)
    PARMAR KRISH/62

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