Krishna Vijay Gohil vs Union Territory of Daman & Diu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 1831

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Krishna Vijay Gohil – Appellant
Versus
Union Territory of Daman & Diu – Respondent

Advocates:
Advocate Appeared:
For the Applicant :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 the Respondent:Mr. Ashwin Thool a/w Mr. Ayush Singh a/w Archishmati Chandramore, Advocate Mr. Shreyas Uday Lalit a/w Mr. Varun Thokal a/w Mr. Aditya Singh i/b. Mr. Varun Thokal, Advocate

JUDGMENT: -

NEELA GOKHALE, J.

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) 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 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 , 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 25^th 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 persons intercepted them, searched their vehicle, and having spotted the liquor, identified themselves to be police officials. They d