Godhra: The Gujarat High Court has rejected the bail plea of a man accused of possessing and smuggling cow meat, citing his repeated involvement in similar offences. The court observed that the accused had more than eight previous cases of the same nature and continued engaging in such activities despite being granted bail earlier. It held that his release was not justified. The court also underscored the sacred status of the cow in Hinduism and noted that the Gujarat government has enacted stringent laws to ensure its protection.
The accused, identified as Mohammad Arif Abdul Razak, was booked in December 2025 following a case registered at the Godhra Town ‘B’ Police Station. He was remanded to judicial custody on January 3 and has remained in jail since then. The FIR invokes Sections 5(1), 6(b), 8(2), 8(4), and 10 of the Gujarat Animal Preservation (Amendment) Act, along with Section 325 of the Bharatiya Nyaya Sanhita (BNS) and Section 119 of the Gujarat Police Act.
According to the prosecution, on December 1, 2025, the Godhra police received information about the alleged smuggling of beef. Acting on the tip-off, officers raided Arif’s residence and reportedly recovered 23 kilograms of suspected cow meat. Arif was arrested at the spot, while the other alleged accomplices managed to flee. The investigation further alleged that he used his vehicle to transport the meat and had engaged others in the smuggling operation.
Seeking bail, Arif’s counsel argued that he has been in judicial custody since January 3 and that the investigation has been completed, with the charge sheet already filed. The defence submitted that no further recovery is pending and that the trial is likely to take a long time to conclude. The counsel also claimed that the accused has no prior criminal antecedents.
During the hearing, the Gujarat government opposed the bail plea, informing the court that Arif had eight previous cases of a similar nature registered against him. It argued that despite being granted bail on multiple occasions, he repeatedly resumed his alleged involvement in cow smuggling. The prosecution submitted a list of these cases before the court, contending that such activities had the potential to disturb communal harmony and create law-and-order issues. It also pointed out that the alleged co-accused who fled during the police raid are still absconding.
After considering the submissions of both sides and examining the material on record, the High Court dismissed the bail application. The court observed that a prima facie case had been made out against the accused. It further noted that Arif had previously been granted bail in similar cases but had allegedly misused that liberty by continuing to engage in the same offences.
While rejecting the bail plea, the Gujarat High Court observed that the Constitution places a duty on every citizen to show compassion towards living creatures. The court noted, “The Constitution states that it shall be the duty of every citizen of India to have compassion for living creatures. While fundamental duties might not be directly enforceable, they reflect the core spirit and objective of the Constitution. With this constitutional mandate in consideration, the Gujarat government has implemented the Animal Preservation Act and the Prevention of Cruelty to Animals Act. The Gujarat Animal Preservation Act prohibits the slaughter of cows and their progeny, along with measures for their safety and welfare.”
The court further observed, “Prima facie, it appears that the accused has repeatedly been involved in offences related 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.”
Highlighting the cultural and religious significance of cows, the court remarked, “The court cannot ignore that for a substantial portion of Indian society, especially among the Hindu and Jain communities, the cow holds sacred significance, and its safeguarding is deemed highly important. Continuous engagement in the act of cow slaughter in these cases can offend religious feelings and incite social unrest.”
The High Court also emphasised that while personal liberty is a fundamental right, it is not absolute and must be balanced against the larger interests of society. It observed that courts are required to strike a balance between an accused’s right to personal liberty and the need to maintain public order and uphold the rule of law. The court also directed the trial court to expedite the proceedings and instructed the prosecution to complete the examination of witnesses at the earliest.
