Monu @ Juber S/O Nasrudin Vs State of Rajasthan

Instant application for bail filed under Section 483 of BNSS by the applicants-accused Monu @ Juber S/o Nasrudin and Tinu @ Sameer S/o Nasrudin in FIR No. 112/2025 dated 17.04.2025 registered at P.S. Suket, District -Kota Rural, whereby the applicants-accused were charged under Sections 115(2), 126(2), 189(2) of BNS.

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The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application.

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Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present

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applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. Learned counsel for applicants submit that for incident of 17.04.2025 a cross FIR is filed as FIR no. 113/2025 which indicate that there was a free fight and complainant party was aggressor. He further submitted that the injury report of Ashiq indicate that except injury no.1 all are simple in nature and injury no.1 is on right side of parietal bone which has been attributed to Shahrukh and not upon any of present petitioners. He further referred injury report of Saddam and Rahimuddin and submitted that the injuries are simple in nature. He further referred statement of Ashiq recorded under Section 183 of BNSS and submitted that he also named Shahrukh for injury upon skull. He also submitted that the sharp edged weapon (axe) was recovered at the instance of Shahrukh and charge-sheet has been filed.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record.

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On the basis of report dated 17.04.2025 lodged by complainant Ashiq the matter is investigated and after

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investigation charge-sheet has been filed against Mohd. Rijwan @Dhansu, Tinu @ Sameer, Monu @ Juber and Shahrukh Khan and kept pending against others. We have considered injury report of Ashiq and statement of Ashiq recorded under Section 183 of BNSS. The specific attribution of grievous injury is upon Shahrukh Khan.

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Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused

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Thus, the instant bail application filed on behalf of applicants-accused Monu @ Juber S/o Nasrudin and Tinu @ Sameer S/o Nasrudin, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- by each of applicant with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicants-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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