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2025 DAILYLAW 22355 (RAJ)

MONU SAGAR ALIAS BHURA JATAV S/O MATA PRASAD v. STATE OF RAJASTHAN

CRLMB/8063/2025 · 2025-06-26

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:23581] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8063/2025 1. Monu Sagar Alias Bhura Jatav S/o Mata Prasad, Aged About 22 Years, R/o House No. 123, Near J.K. Laxmi Cement Plant, Kunda Kachchi Basti, Jhalana, Police Station Malviya Nagar, Jaipur. (At Present Accused Petitioner is Confined in Central Jail Jaipur). 2. Vishnu Jatav S/o Pappu Kumar, Aged About 18 Years, R/o Prem Nagar, Shahganj, Police Station Shahganj, District Agra (Uttar Pradesh), At Present Tenant Near J.K. Laxmi Cement Plant, Kunda Kachchi Basti, Jhalana, Police Station Malviya Nagar, Jaipur. (At Present Accused Petitioner is Confined in Central Jail Jaipur). ----Accused-Petitioners Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Ms. Arti Sharma, P.P. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN (V. J.) Order 26/06/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.111/2025 registered at Police Station Malviya Nagar, District Jaipur City (East) for the offences punishable under Sections 115(2), 126(2), 189(2) and 110 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Counsel submits that co-accused namely- Neelu Singh Kushwaha has been [2025:RJ-JP:23581] (2 of 3) [CRLMB-8063/2025] granted benefit of pre-arrest bail by Co-ordinate Bench of this Court by observing that main allegation of causing injury is against a juvenile, who was arrested and further released on bail. Counsel submits that the stick used in assault has also been recovered from the possession of the juvenile. It is also evident from the impugned order that petitioners do not have any criminal antecedents and trial will take considerable time in its conclusion. He further submits that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners and submits that petitioners are duly named in the FIR and they actively participated in commission of the crime. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the fact that similarly situated co-accused person has already been granted benefit of pre-arrest bail by Co-ordinate Bench of this Court and case of present petitioners are also on similar footing, as also considering the fact that allegation of causing head injury is against the juvenile who has already been granted benefit of bail and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. [2025:RJ-JP:23581] (3 of 3) [CRLMB-8063/2025] 6. This bail application is accordingly allowed and it is directed that accused-petitioners–(1) Monu Sagar Alias Bhura Jatav S/o Mata Prasad and (2) Vishnu Jatav S/o Pappu Kumar shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. ANIL KUMAR UPMAN (V. J.)),J Yogesh Kumar/89