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 ha