The court considered the prima facie bailable nature of the offence and the absence of allegations of use of arms in granting the bail application.

1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 251/2019, Police Station Kotwali, Nimbaheda, District Chittorgarh, for the offence under Section 3/25 of Arms Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

3. Mr. Vishal Sharma, learned counsel for the petitioner submits that the offence alleged against the petitioner is Section 3/25 of Arms Act, 1959, which is bailable offence as held by this Court in the case of Ramvilas @ Billu v. State of Rajasthan, decided on 02.09.2009. However, as there is a contrary view also taken by this Court, the police treats the offence under Section 3/25 of Arms Act to be non-bailable.

4. Learned counsel further submits that the court below has rejected the petitioners bail application vide impugned order, notwithstanding the fact that the co-accused has been enlarged on bail by the same court on 30.05.2019.

5. Learned Public Prosecutor vehemently opposed this bail application.

6. Upon perusal of the impugned order, this Court finds that while rejecting the petitioners bail, the court below has observed that there are three cases under Section 323 IPC, which in opinion of this Court cannot be a bar for grant of bail, particularly when there was no allegation of use of arms.

7. Having regard to the facts and circumstances of the case and in view of the fact that the offence is prima facie bailable and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

8. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Chintu @ Chandra Shekhar S/o Shri Shyam Lal arrested in FIR No. 251/2019, Police Station Nimbaheda, District Chittorgarh shall be released on bail; provided he executes personal bond in the sum of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.