DHANAJI DUBRIYA vs UNION TERRITORY OF DAMAN AND DIU AND ORS.

Judgment text excerpt

Prasad Rajput (P.A.) 904_BA_4501_2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4501 OF 2025 Dhanji Dubriya …Applicant Versus Union Territory of Daman & Diu and Ors. …Respondents  Mr. Sanjeev Kadam, Senior Advocate (through VC) a/w Mr. Vivek Rane i/b. Mr. Vivek Pandey, Advocate for Applicant.  Mr. Ashwin Thool a/w Mr. Ayush Singh a/w Archishmati Chandramore, Advocate for Respondent No.1 (U.T.)  Mr. Shreyas Uday Lalit a/w Mr. Varun Thokal a/w Mr. Aditya Singh i/b. Mr. Varun Thokal, for Respondent No.4 / Intervenor. CORAM DR. NEELA GOKHALE, J. RESERVED ON: 9TH DECEMBER 2025 PRONOUNCED ON: 16TH DECEMBER 2025 JUDGMENT:- 1. The Applicant seek their release on bail in connection with FIR No. 0039 of 2025 dated 26th August 2025, registered with the Coastal Police Station, Kadaiya, Daman, for offences punishable under Section 140(2), 308(7) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). The Police filed the Final Report No. 37 of 2025, before the JMFC, Daman, on 17 th October 2025. Pertinent to note is that, while filing the Final Report, the Page 1 of 39 16th December 2025 Prasad Rajput (P.A.) 904_BA_4501_2025.docx investigating agency has dropped the non-bailable offences as initially applied in the FIR and retained only offences punishable under Sections 308(7), 258, 238, 241, 3(5), 115(2) of the BNS, 2023. Thus, the offences as alleged by the Police against the Applicant and Co-accused in the charge sheet, as on date, are all bailable offences 2. The facts of the case in brief are as under: 2.1 On 25th August 2025, the Complainant namely, Aajessh Patel and his friends, traveled to Daman from Surat, in an Innova car. They purchased liquor from a wine shop and intended to have a party in a farmhouse. 5 to 6 p