‘The cow is sacred to Hindus’: Gujarat HC denies bail to repeat offender Mohammad Arif, says beef smuggling can hurt religious sentiments and trigger tensions
· OpIndia
The Gujarat High Court has recently denied the bail application of an individual apprehended with cow meat. It highlighted that the accused has a history of over 8 similar offences and he has continued to partake in such criminal behaviour despite having been granted bail in previous cases. Thus, his release was not permissible. The court even remarked on the sacred status of the cow in Hinduism and pointed out that the state government has implemented strict laws to protect it.
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The person has been identified as Mohammad Arif Abdul Razak. A case was filed against him at the Godhra police station in December 2025. He was placed in judicial custody on 3rd January and has remained behind bars ever since. A First Information Report (FIR) was registered against Arif at the Godhra Town ‘B’ police station under sections 5(1), 6(b), 8(2), 8(4) and 10 of the Gujarat Animal Preservation Amendment Act in addition to section 325 of the Bharatiya Nyaya Sanhita (BNS) and section 119 of the Gujarat Police Act.
The particulars of the case are outlined as follows: On 1st December, the Godhra police were alerted to the smuggling of beef. In response, they conducted a raid on Arif’s residence and seized 23 kilograms of cow meat. He was arrested at the location while the other perpetrators fled. The investigation disclosed that he had been smuggling beef using his vehicle and had also engaged others for this purpose.
The attorney representing Arif contended that he has been incarcerated since 3rd January and the inquiry into the matter has concluded, with the charge sheet already submitted. There is nothing further to recover, and the trial could extend for a considerable duration. The lawyer claimed that the accused has no prior criminal history.
However, it was revealed that Arif has 8 previous cases registered against him during the state’s argument. Each time, he was released on bail only to engage in cow smuggling again. The government provided a list of these cases in court, asserting that his actions could disrupt communal harmony and lead to a law-and-order crisis. Additionally, those who fled the scene of the crime have yet to be apprehended.
The court chose to dismiss the petition after evaluating the arguments from both sides and reviewing the evidence on record. It was observed that a case appeared to be established against the accused. Moreover, the court considered that he had earlier been granted bail, which he abused by continuing to commit offences.
Notably, the court declared, “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.”
It further conveyed, “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.”
It was also remarked that 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 court also observed that although personal liberty is crucial and important, it is not absolute and must be balanced against the larger interest of society. The court is required to strike a balance between the right to personal liberty of the accused and the societal interest in maintaining public order and enforcing the rule of law.
The trial court was also ordered to expedite the trial process and instructed the prosecution to finalise the examination of witnesses at the earliest.
Read the original report in Gujarati here.