Thane MCOCA Court Grants Bail To 19-Year-Old Accused In Badlapur Cattle Slaughter Case; Says ‘Bail Is Rule, Jail Exception’

Thane, Jan 24: A 19-year-old man, Razzak Riyaz Shaikh alias Bunty, who was arrested by Badlapur police in October 2025 in connection with an alleged illegal cattle transportation and slaughter case, has been granted bail by a Thane sessions court, which reiterated that “bail is the rule and jail is an exception”.

Presumption of innocence highlighted

Passing the order, the court observed that bail should not be denied as a matter of punishment and that an accused is presumed innocent until proven guilty.

“It is a well-settled principle of law that bail is the rule and jail an exception. Bail should not be refused as a matter of punishment. The accused is presumed innocent till he is found guilty. The accused has a fixed place of residence and resides with his family members. Therefore, there is no possibility of fleeing away or tampering with prosecution witnesses,” the court stated in its order.

Role limited to driving vehicle

The court noted that Shaikh’s name did not appear in the original FIR and that he was arrested at a later stage of investigation. It further observed that the investigation papers did not show that the accused had earned any pecuniary benefit from the alleged slaughter business or had participated in the offence beyond driving the vehicle.

“The applicant was merely working as a labourer, i.e., driver, and except that role, he has not participated in any illegal activity,” the court held.

No organised crime link found

The court also maintained that the material on record failed to establish that Shaikh was a member of an organised crime syndicate or that he was involved in any “continuing unlawful activity” as defined under the Maharashtra Control of Organised Crime Act (MCOCA).

“He has no criminal antecedents. He is a poor person doing labour work on daily wages. Therefore, there is no possibility of repetition of similar nature of crimes by him. In these circumstances, there is no legal bar under Section 21(4) of the Act to release the applicant on bail,” the order read, adding that the case laws cited by the prosecution were not sufficient to deny bail.

While underlining the absence of direct evidence under the MCOC Act, the court further observed, “Except the work of driver, he has not participated in any other illegal activity of co-accused. He has not gained any amount either from the co-accused or from the business of slaughtering. He is a paid labourer and nothing more. Therefore, prima facie, he was not a member of an organised crime syndicate.”

Details of the case

Shaikh was arrested in connection with Crime No. 224 of 2025 registered at Badlapur West Police Station. He was booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, the Maharashtra Animal Preservation Act, 1976, the Prevention of Cruelty to Animals Act, 1960, the Maharashtra Police Act, and stringent sections of the MCOC Act.

According to the prosecution, an organised crime syndicate led by co-accused Kaish Mansur Shaikh was allegedly involved in illegally procuring bovine animals from Raigad and Pune districts for slaughter and transporting meat for pecuniary gain. Police claimed that Razzak Shaikh had transported cattle for slaughter and was an active member of the syndicate.

Prosecution’s objection rejected

Opposing the bail plea, the prosecution argued that the accused had made a confessional statement under Section 18 of the MCOC Act, in which he admitted to working as a driver transporting cattle, for which he was allegedly paid Rs 500 per day. It was further submitted that one co-accused was still absconding and that releasing Shaikh could result in repetition of the offence.

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However, after considering the material on record, the court allowed the bail application and ordered Shaikh’s release on furnishing a personal bond of Rs 50,000 with one surety of the like amount, along with conditions not to tamper with evidence or engage in similar offences during the pendency of the trial.

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