Bail application of Mohammad Aarif Abdul Razak Samol rejected due to repeated offences and potential threat to communal harmony.
In a significant decision, the Gujarat High Court has rejected the bail application of Mohammad Aarif Abdul Razak Samol, who was involved in multiple cases related to the illegal slaughter and transportation of cow progeny. The decision was pronounced by Mr. Justice Hasmukh D. Suthar on June 18, 2026, in the case titled "Mohammad Aarif Abdul Razak Samol v. State of Gujarat."
The application for bail was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR registered for offences under the Gujarat Animal Preservation Act, 2011 (Amendment Act, 2017), and other relevant statutes. The court noted the serious nature of the allegations, which include the illegal slaughter of cows, a sacred animal for many communities, and the potential for such activities to disturb public order and communal harmony.
The applicant, who has been in judicial custody since January 3, 2026, was found with 23 kilograms of beef allegedly recovered during a police raid. The court was informed that the applicant had eight previous criminal antecedents of a similar nature, highlighting a pattern of repeated offences despite being granted bail on earlier occasions. The prosecution argued that such activities could inflame communal tensions, given the cultural and religious significance of cow protection in India.
Justice Suthar emphasized the need to balance individual liberty against societal interests, citing precedents such as the Supreme Court's judgment in Ash Mohammad v. Shiv Raj Singh @ Lalla Babu, which underscores that personal liberty is not absolute and must be weighed against the larger interest of maintaining public order.
The court acknowledged that the charge-sheet had already been filed and directed the trial court to expedite proceedings to ensure a speedy trial, aligning with the Supreme Court's observations in Central Bureau of Investigation (CBI) v. Mir Usman @ Ara @ Mir Usman Ali.
Ultimately, the High Court concluded that the societal interest in preserving public order and preventing further offences outweighs the applicant's plea for bail. The application was thus rejected, with the court discharging the rule.
Bottom line:-
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, rejected due to repeated involvement of the accused in similar offences, misuse of liberty granted earlier, and potential adverse effects on communal harmony and public order.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Gujarat Animal Preservation Act, 2011 (Amendment Act, 2017), Constitution of India, 1950 Articles 48 and 51A(g).
Mohammad Aarif Abdul Razak Samol v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2932443
