KRISHNA VIJAY GOHIL vs UNION TERRITORY OF DAMAN AND DIU AND ORS.

Judgment text excerpt

Prasad Rajput (P.A.) 905_BA_4518_2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4518 OF 2025 Krishna Vijay Gohil …Applicant Versus Union Territory of Daman & Diu and Ors. …Respondents  Mr. Rushi Bhuta a/w Ms. Khushboo Shah a/w Mr. Parth Govilkar a/w Ms. Vaishnavi Javheri a/w Ms. Karishma Rajesh a/w Mr. Pratham R. Jain a/w Ms. Ankita Bamboli a/w Ms. Bhavi Kapoor 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, Advocate for Respondent No.4 / Intervenor. CORAM DR. NEELA GOKHALE, J. RESERVED ON: 9TH DECEMBER 2025 PRONOUNCED ON: 16TH DECEMBER 2025 JUDGMENT: - 1. The Applicant seeks his release on bail in connection with FIR No. 0039 of 2025 dated 26 th August 2025, registered with the Coastal Police Station, Kadaiya, Daman, for offences punishable under Section 140(2), 308(7) Page 1 of 41 th 16 December 2025 Prasad Rajput (P.A.) 905_BA_4518_2025.doc 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 17th October 2025. Pertinent to note is that, while filing the Final Report, the 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 Da