The court considered the prima facie involvement of the petitioner in the crime, the nature of the crime, and the likelihood of the offense being repeated in deciding not to grant bail.

JUDGMENT

1. The Criminal Misc. Bail Application under Section 439 Cr.P.C. had been preferred claiming the following reliefs:-

"It is, therefore, most humbly and respectfully prayed that the bail application u/s. 439 Cr.P.C. filed by petitioner may kindly be accepted and allowed and the petitioner may be enlarged on bail in F.I.R. No. 281/2022 P.S. J.N.V. Colony, District Bikaner and petitioner is ready and willing to submit the solvent bail and bonds as per direction of this Hon'ble High Court. Any other other which is in favour of the petitioner may kindly be passed in the interest of justice."

2. The applicant has approached this Court after the bail application, under Section 439 Cr.P.C., preferred on behalf of the present petitioner before the learned Additional Sessions Judge No.7, Bikaner came to be dismissed vide order dated 07.09.2022.

3. Brief facts of the case, as the pleaded facts and a perusal of the record would reveal, are that on 22.08.2022, the police officer-Om Prakash, in the course of his official duty, received some information, from an informant, about the location of Virendra Sharma @ Ladu, a henchman (gurga) of the present petitioner Rajendra Singh @ Raju Singh, a convict imprisoned in Bikaner Central Jail, and that he was at 80 Feet Road and has in his possession an illegal (avaidh) pistol, which he was carrying without a license on his person.

3.1 On receipt of such information, the police officer reached the scene, and the youth, was apprehended after a failed attempt to flee the scene, was subsequently identified as Virendra Sharma @ Ladu. Upon conducting a search the concerned police authorities recovered a pistol (desi katta) from the right pocket of his trouser, which he stated, he did not have a requisite license for.

4. In the aforesaid factual backdrop, an F.I.R. bearing no. 281/2022, came to be lodged against him for the offences under Section 3/25 (1-B)(a) of the Arms Act, 1959 and he was arrested. Upon investigation, the present accused was named as accused in the Final Report under Section 173 Cr.P.C. and charges were levelled against him for the offences under Sections 3/25 (1-B)(a) and 5 Arms Act, 1959, and Sections 384, 386, 387 and 120-B IPC.

5. Learned counsel for the petitioner submitted that the present petitioner Rajendra Singh @ Raju Singh was not involved in the crime in question, and the allegations levelled against him are baseless and false; there was no recovery made from him. 5.1 Learned counsel further submitted that the co-accused Virendra Singh @ Chamiya and Virendra Sharma are on bail, and that therefore the present petitioner also ought to be enlarged on bail.

5.2 Reliance was placed upon the judgment rendered by the Hon'ble Apex Court in the case of Prabhakar Tewari v. State of U.P. and Ors. (2020) 11 SCC 648,and orders passed by Coordinate Benches of this Hon'ble Court in the cases of Ashok v. State (S.B. Criminal Misc. Bail Application No. 6090/2022) decided on 25.08.2022; Ashok v. State (S.B. Criminal Misc. 2 nd Bail Application No. 13260/2022) decided on 18.10.2022; and Gajendra Singh @ Gajju Singh v. State of Rajasthan (S.B. Criminal Misc. Bail Application No. 14881/2022) decided on 28.11.2022.

6. On the other hand, learned Public Prosecutor opposes the present bail application, and submits that the petitioner has 19 previous criminal antecedents, as recorded by the learned Court below in the impugned order. Further, that the petitioner was apprehended on the basis of the information received from the co- accused under Section 27 of the Indian Evidence Act, 1872. And that, looking into the same, the petitioner does not deserve to be enlarged on bail.

7. Heard learned counsel for the parties and perused the record alongwith the judgments cited at the Bar.

8. At the outset, this Court observes that the petitioner has 19 previous criminal antecedents to his discredit registered at various police stations, as is reflected from the impugned order; the chart pertaining to the same,