[2025:RJ-JP:35751] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10540/2025 Munna Mansuri @ Naved S/o Shafi Mohammed, Aged About 36 Years, R/o Dudhalia Police Station Dug District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10541/2025 Shoaib @ Bhuriya S/o Jalal Khan, Aged About 32 Years, R/o Pathari Mohalla Dug Police Station Dug District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/08/2025 1. The present bail application under Section 483 of BNSS is filed by the applicants-accused Munna Mansuri @ Naved S/o Shafi Mohammed and Shoaib @ Bhuriya S/o Jalal Khan seeking bail in respect of a criminal case registered as FIR No. 112/2025 dated 25.04.2025 registered at P.S. Dug, [2025:RJ-JP:35751] (2 of 4) [CRLMB-10540/2025] District -Jhalawar, for the offences under Sections 103(1) and 3(5) of BNS, 2023. 2. Learned counsel for the applicant submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submitted that the complainant has registered a report after a delay of more than 12 hours and he has neither named anyone nor raised suspicion on anyone. He further submitted that during investigation, police on basis of circumstantial evidence has named Sohail @ Sohail Lala, Faizal @ Hidayat Khan, Shoaib @ Bhuriya and Munna Mansuri @ Naved and filed a charge-sheet against them. He further submitted that there is no evidence to show role and involvement of these applicants rather these applicants were involved only on the ground that Shoaib @ Bhuriya has provided a firearm to Sohail @ Sohail Lala and further he helped in hiding after the incident. He further submitted that Shoaib @ Bhuriya is arrested on 04.05.2025 whereas Munna Mansuri on 09.05.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. [2025:RJ-JP:35751] (3 of 4) [CRLMB-10540/2025] 5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of a complaint lodged by complainant Kishan Singh on 25.04.2025 about assault and murder of his brother Shambu Singh in the evening of 24.04.2025, a criminal case is registered and investigated. During investigation, police has recorded statement of eye-witness Deepak and Ishwar Singh and detained a juvenile on 28.04.2025 and after investigation filed a charge-sheet against him. The police has found involvement of Sohail @ Sohail Lala, Faizal @ Hidayat Khan in the incident. During investigation, police has found that Sohail @ Sohail Lala has procured firearm from Shoaib @ Bhuriya who assisted him after the incident. The police has also found involvement of Munna Mansuri and filed a charge-sheet under Section 5/25 of Arms Act against him. The post-mortem report indicate that due to firearm injury Shambhu Singh has expired whereas Deepak has suggested that four persons were sitting and in vehicle No. RJ-17-CB- 7107. As per statement of Ishwar Singh, recorded under Section 183 of BNSS Sohail has fired the deadly shot upon deceased. The allegation on present applicant Munna Mansuri is that he sold 3 pistols and 8 live cartridges to Shoaib @ Bhuriya and his information under Section 23(2) of BSA is recorded by police. 7. Though, the allegation upon both the applicants is not for involvement in the incident but it is a case relating to murder of an individual and there is one criminal case besides one [2025:RJ-JP:35751] (4 of 4) [CRLMB-10540/2025] against Shoaib @ Bhuriya and 4 criminal cases is reported against Munna Mansuri @ Naved whereas 3 of them are related to Arms Act. Thus, before recording the statement of eye-witness Deepak and Ishwar Singh, it is not appropriate to consider bail application of both the applicants-accused. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. However, the Trial Court is directed to record the statement of eye-witnesses Deepak and Ishwar Singh on priority basis. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Munna Mansuri @ Naved S/o Shafi Mohammed and Shoaib @ Bhuriya S/o Jalal Khan is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /166-167