ORDER :

Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.55/2021 registered at Police Station Rayla, District Bhilwara for the offences punishable under Sections 201 , 202, 212, 225, 120B read with Section 302 , 307, 420, 467, 468, 471 and 474 IPC and under Section 3/25 read with Sections 35 , 25[6], 28 of the ARMS ACT and under Section 8 /29 of the NDPS Act.

2. Learned counsel for the petitioner submitted that as per prosecution story, the present petitioner, who was arrested by the investigating agency on 24.06.2021, in his information under section 27 of Indian EVIDENCE ACT , disclosed that co-accused persons, namely Raju Fauji, Pabu Ram Gorsiya, Yashwant Singh @ Bunty and Ramesh Bhaniya on 12.04.2021, met him at a house situated at Sangariya (Jodhpur), which was rented out to them by landlord Jagdish, on asking of the present petitioner.

3. The petitioner in the aforesaid disclosure statement further stated that above named co-accused persons informed him that while transporting huge quantity of contraband (poppy husk/straw) on 10-11.04.2021, they had an encounter with police personnel of PS Kotadi and Rayla, in which they fired gunshots at police personnel, leading to death of two police personnel. The present petitioner thereafter, on being asked by co-accused persons, hid the weapons viz., two automatic pistols, 95 live cartridges along with contraband-poppy husk/straw, account books and ATM cards etc. at his parental house.

4. Learned counsel for the petitioner submitted that the petitioner is neither named in the FIR nor was he present with the co-accused persons at the place of incident. Learned counsel submitted that the petitioner had no knowledge or information about transportation of contraband on the date of incident and so also the killing of two police personnel.

5. Learned counsel vehemently submitted that merely on the allegation of his helping co-accused persons in getting the house on rent in Sangariya and that too much before the date of the incident would not connect him with the alleged incident which happened on 11.04.2021.

6. Learned counsel submitted that for the alleged incident which transpired on 10-11.04.2021, two FIRs were lodged, one F.I.R. bearing No.72/2021, was registered at PS Kotadi, Bhilwara for the offences punishable under Section 201 , 202, 212, 225, 120B, 302, 307, 120, 467, 468, 471 and 440 IPC and Section 3/25, 35, 25 (6) and 28 ARMS ACT and another present FIR No.55/2021, was registered at PS Rayla, District Bhilwara for offences punishable under 201, 202, 212, 225, 120B read with 302, 307, 420, 467, 468, 471, 474 IPC, Section 35 , 25(6), 28 ARMS ACT and under Section 8 /29 NDPS Act.

7. Lastly, learned counsel for the petitioner urged that even if allegations levelled against petitioner are taken on face value then also, the charge against him will not travel beyond 201 and 202 IPC. Learned counsel submitted that petitioner has already been enlarged on bail in connection with FIR No.72/2021 registered at PS Kotadi, Bhilwara for identical offences by this Court, vide order dated 14.02.2023 passed in S.B.Crl.Misc.2nd Bail Application No.495/2023. He thus, implored the court to accept the application for bail and enlarge the petitioner.

8. Learned Public Prosecutor vehemently opposed the bail application and submitted that looking to the nature of accusations and the severity of punishment which conviction will entail, the present bail application deserves to be rejected. Learned Public Prosecutor submitted that co-ordinate Bench had enlarged the petitioner on bail in connection with