JUDGMENT :

Kuldeep Tiwari, J.

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.4, dated 06.01.2024, under Section 379 of the IPC (Sections 382, 411, 201 and 34 IPC, and Section 25/27 of the Arms Act, and Section 27 of the Narcotic Drugs and Psychotropic Substance Act, 1985, (for short 'NDPS Act,), were added later on), registered at Police Station City Malout, Disttrict Shri Mukatsar Sahib.

ALLEGATIONS AGAINST THE PETITIONER

2. The instant FIR was registered on a statement by ASI Kuldeep Singh. The relevant extract of the FIR reads as under-

"statement of ASI Kuldeep Singh No. 125/SMS/PCR Giddarbaha Son of Jarnail Singh, Resident of Street No.11, Patel Nagar, Malout, aged about 54 years, Mobile No. 80549-23225, stated that I am a resident of the said address and posted on PCR, Giddarbaha. My duty shift is from 8.00 AM to 8 PM. On 5.1.2024 at around 8.15 PM, after finishing my duty shift, I took off my uniform and put on civil clothes and drank alcohol and got into my car Honda City No.DL- 7CF-6078 color gray and went to Malout from Gidderbaha. Back at around 8.45 pm. I arrived at Malout town. I was allotted one pistol 9MM No.18596297 with butt no. 159 from Department of Police, District Sri Muktsar Sahib on dated 24.11.2002, which the said pistol 9MM having 08 cartridges in its Magazine was in my possession. After reaching Malout, I went to my friend's house of resident Ekta Nagar Malout, then we both got into my car and started going to my rented house which is at Harjinder Nagar Malout via Burjan Road. When we reached Burjan Gate Malout, my car was suddenly stopped and at the same time another car Skoda Color Black whose number I couldn't read came and stopped behind my car in which there was a sikh youth and three young men whom I asked to push my car, at that time on the dashboard of my car, my service pistol and my 2 mobile phone brand Samsung Touch Screen Color Black. In which Sim No. 78142-43886 and Samsung Keypad Color Black with sim no.80549-23225 and sim no. 94636-47070 were lying. Those unknown youths pushed my car to start, while pushing the car, those youths saw my pistol and my mobile phone lying in my car. From that place, they slowly followed my Skoda Car, when I and my friend reached my rented house, we got out of the car and started opening the main gate of the house and after opening the gate. When I looked in my car, my official pistol and both my mobile phones were not in the car and as soon as, they left in their car. I have a firm belief that four unknown youths in that Skoda Car Stole my official pistol body number 18596297, Butt No.159 including 08 cartridges and my mobile phone Samsung touch screen and Samsung Keypad from my car. I have been searching for that Skoda Car and the unknown youth on my own but, so far I have not been able to find anything about them. I have come to the police station to inform that the Skoda Car unknown youth should be searched and legal action should be taken. I have suffered my statement, heard and admitted to be correct."

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

3. In asking for the relief (supra), learned counsel for the petitioner submits that in fact there was no dope test conducted despite Section 37 of the NDPS Act, has been invoked.

4. He further submits that there is no iota of allegations, what to talk about evidence, which could bring the case within the ambit of Sections 382 and 411 of the IPC.

5. He further submits at the best it is a case of Section 379 IPC, if at all the case of prosecution treated to be as gospel truth at this stage.

6. He further submits that the petitioner has suffered incarceration about more than 3 months, and he is not involved in any other criminal case.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

7. Per contra, the learned State counsel opposes the asked for relief of grant of regular bail, and submits that in fact the petitioner and other co-accused, h