Shivgan 27-BA-1605-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1605 OF 2025 Kamal Ashok Kumar …Applicant Versus Union Territory Of Dadara and Nagar Haveli and Anr. …Respondents Mr. Mayur Mohite, with Jayesh Bhosale and Deepak Jain, for the Applicant. Mr Ashwin Thool, with Archishmati Chandramore and Ayush Singh, for the Respondent No.1. Mr Yogesh Y Dabke, APP for the Respondent No.2-State. CORAM DR. NEELA GOKHALE, J. DATED: 04TH NOVEMBER 2025 PC:- 1. The Applicant seeks his release on bail in connection with FIR No.3 of 2024 dated 14th January 2024 registered with the Coastal Police Station Moti Daman, District: Daman, for the offences punishable under Sections 134(A), 134(B) of the Motor cars Act, 1988 and Section 304 of the Indian Penal Code, 1860. Page 1 of 7 4th November 2025 Shivgan 27-BA-1605-2025.doc 2. The facts of the case, in brief, are that:- 2.1 The deceased was walking on the road along with the family members when the Applicant along with his friend were driving an EECO car near the exit gate of the Fort Area, Daman. The Applicant appeared to be inebriated and lost control of his car and hit the deceased. She was crushed between the car and the footpath and succumbed to her injuries. The Applicant ran away from the spot of incident whereas the people in the vicinity were able to nab the co- driver, who was the Applicant’s friend. The Applicant’s friend revealed that the Applicant, who was driving the car, was drunk and hence, lost control of the said car. Accordingly, the FIR was registered, and the Applicant was arrested on 16th January 2024. 3. The Applicant made an application seeking bail in the Sessions Court at Daman, however, by order dated 21st February 2024, the same came to be rejected. Hence, the Applicant is before this Court for the reliefs as prayed. Page 2 of 7 4th November 2025 Shivgan 27-BA-1605-2025.doc 4. Mr. Mayur Mohite, learned counsel appearing for the Applicant, submits that there was no deliberate intent on the part of the Applicant in committing the said offence; the act was purely that of negligence and there was no pre- meditation in commission of the act. He also points to medical report, which according to him, indicates that the Applicant was not under the influence of alcohol or any other substance. He submits that the Applicant is 26 years old and is still a student. He thus, submits that as the entire incident happened on account of some negligence on the part of the Applicant in accelerating his car instead of applying the brakes, the Applicant be released on bail. 5. Per contra, Mr. Ashwin Thool, Standing Counsel appearing for the Respondent No.1, points to the statement of the Applicant’s friend, who has clearly stated that the Applicant was in an inebriated condition and was driving the car. However, he fairly concedes that there is discrepancy in the medical report, which at one place, indicates that the 4th November 2025 Shivgan 27-BA-1605-2025.doc Applicant was not under the influence of alcohol whereas in another place, there is ambiguity in the said report. However, he still resists the Bail Application as the offence is serious and one person has lost her life. He submits that the Applicant is arrested only in January 2024 and the progress of the trial is not delayed. He further submits that the charge-sheet is filed and the prosecution is not delaying the trial. He thus, resists the Bail Application. 6. I have heard both the counsel and perused the record with their assistance. 7. Prima facie, it appears that there is some ambiguity in the medical report of the Applicant. The statement of the Applicant’s friend also indicates that the Applicant did try to apply the brakes but instead of applying the brakes, accelerated the car resulting in the unfortunate fatality of the victim. Charge-sheet is already filed; the Applicant is a young boy of 26 years of age, and it is not desirable that he continues incarceration in the company of hardened criminals. Page 4 of 7 4th November 2025 Shivgan 27-BA-1605-2025.doc Admittedly, there are no antecedents against the Applicant. It is not the case of the prosecution that he has tried to intimidate the witnesses or tamper with the evidence in any manner nor tried to keep out of way to avoid arrest. In these circumstances, I am inclined to grant bail to the Applicant, and it is ordered as under: ORDER i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Police Station concerned once in a month on the first Monday of every month between 11:00 a.m. to 02:00 p.m.; iii) The Applicant shall attend the Trial Court concerned on each date unless exempted by the orders of the Trial Court concerned; 4th November 2025 Shivgan 27-BA-1605-2025.doc iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned, if any; v) The Applicant shall not leave India, without the permission of the Trial Court; vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned; viii) The Applicant to co-operate with the conduct of the trial; 4th November 2025 Shivgan 27-BA-1605-2025.doc ix) Any infraction of the aforesaid conditions shall entail cancellation of bail. 8. Application is allowed in the above terms and is accordingly disposed of. 9. It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (DR. NEELA GOKHALE, J) 4th November 2025 SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2025.11.06 11:46:29 +0530