VIKAS RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants seek their release on bail in connection with FIR No. 0039 of 2025 dtd. 26/8/2025, registered with the Coastal Police Station, Kadaiya, Daman, for offences punishable under Sec. 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 17/10/2025. 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 Ss. 308(7), 258, 238, 241, 3(5), 115(2) of the BNS, 2023. Thus, the offences as alleged by the Police against the Applicants 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:

(3.) Mr Vivek Pandey, Ld. Counsel appeared for the Applicant, Mr. Ashwin Thool, Ld. Standing Counsel appeared for the U.T. and Mr. Shreyas Lalit, Ld. Counsel, represented the intervenor/Complainant. All the parties placed on record their written submissions. Sonu Dubey, PSI, submitted written submissions on behalf of Respondent Nos. 2 through standing counsel Mr. Thool.