'Cow Is Sacred, Repeated Offence Can Hurt Public Sentiments': Gujarat High Court Denies Bail To Repeat Offender In Cow-Slaughter Case

The Gujarat High Court denied bail to a man accused in a cow-slaughtering case after noting his criminal antecedents in similar cases observing that it cannot ignore that cow is a sacred animal to members of Hindu and Jain communities and repeated involvement in such offences can hurt public sentiments and create social tension.  [2026 LiveLaw (Guj) 179]

The court was hearing Mohammad Aarif Abdul Razak Samol's bail plea booked for offences punishable 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 Gujarat Police Act. The counsel for the applicant argued that the chargesheet had been filed and trial is likely to take considerable time to conclude. 

The prosecution alleged that the applicant is a habitual offender and has a history of involvement in serious offences. It was argued that during a raid conducted by the police, 23 kilograms of beef was allegedly recovered from a plastic carry bag kept in a plot adjacent to the applicant's residence. It is further submitted that the applicant has eight criminal antecedents of a similar nature relating to illegal slaughtering activities.

According to the prosecution, such continuous illegal activities have the potential to disturb communal harmony and adversely affect the law and order situation in the area. It is also alleged that the applicant had engaged certain persons for the purpose of slaughtering cow progeny. It was submitted that three co-accused persons fled from the spot during the raid and are yet to be apprehended. 

Justice Hasmukh D Suthar in his order said:

"Prima facie, 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 court noted that the applicant had "eight antecedents" of a similar nature registered against him. It also noted that "prima facie" the recovery effected during the raid and the material collected during the course of investigation indicate the involvement of the applicant in the alleged offence. Further the co-accused were yet to be arrested. 

The court referred to Article 48 of the Constitution of India and noted that it directs the State to take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle. Further Article 51A(g) casts a fundamental duty upon every citizen to protect and improve the natural environment and to have compassion for living creatures.

"Though the fundamental duties are not enforceable by themselves, they reflect the constitutional philosophy and legislative intent. Keeping in view the aforesaid constitutional mandate, the legislature has enacted the Gujarat Animal Preservation Act and the Prevention of Cruelty to Animals Act. The statutory scheme under the Gujarat Animal Preservation Act prohibits slaughter of cow progeny and seeks to preserve and protect such animals. Thus, a combined reading of Article 48, Article 51A(g) and the relevant statutory provisions clearly demonstrates the legislative intent to preserve and protect cow progeny and to prohibit their slaughter," the court said. 

Considering the nature and gravity of the allegations, the recovery effected during the raid, the prima facie material collected during the course of investigation, the repeated involvement of the applicant in similar offences as reflected from the antecedents on record and the allegation that the applicant has indulged in similar activities after being enlarged on bail on earlier occasions, the court refused to grant bail. 

It said that the  antecedents of the applicant indicate a "recurring pattern of conduct and, prima facie, demonstrate misuse of the liberty granted by the Court".

However, the court noted that the chargesheet had been filed and in order to safeguard the right of the accused to a speedy trial, the court directed the trial court to make all possible endeavours to expedite the trial and further directed the prosecution to ensure that the material witnesses are examined at the earliest. 

The plea was dismissed. 

Case title: MOHAMMAD AARIF ABDUL RAZAK SAMOL v/s STATE OF GUJARAT

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 7540 of 2026

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Citation: 2026 LiveLaw (Guj) 179