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. 1330 dated 05.11.2022, under Sections 392 of IPC, and under Section 25 of the Arms Act, (Sections 201 and 34 of IPC, & Section 25(1-B) (a) of Arms Act, were added later on), registered at Police Station Hisar Sadar, District Hisar, Haryana.

ALLEGATIONS AGAINST THE PETITIONER

2. The gist of the allegations, as culled out from the order dated 08.01.2024, passed by the Additional Sessions Judge, Hisar, reads as under:-

"In brief, the case of prosecution is that on 05.11.2022 complainant Rajesh son of Inder Sen, arrived in the Police Station and moved a written complaint alleging that he was a resident of village Rawat Kher a and was involved in the business of cattle fodder. On 04.11.2022, he after loading his pickup truck No. HR-39F-3057 with fodder/chaff was returning to his village and was passing through Rajgarh road. Suddenly his tyre got punctured near Shapur-Ludas cut. He was changing the tyre when three unknown persons came on motor-cycle splendor without number-plate and pointed a pistol at him They asked him to hand over whatever he had. One of them took his wallet, money and mobile phone. The accused had taken away his mobile, Rs.20000/-, his purse containing ATM card, license and Aadhar card. He pleaded for appropriate action against the culprits. Upon the information, formal FIR was registered and investigation was commenced. During investigation, spot inspection was conducted, rough site plan was prepared and statements of witnesses were recorded. Initially, investigation was conducted by DSP, Hisar-II and Section 34IPC was incorporated in the FIR. Subsequent, investigation was conducted by ASI Yogender Singh and then ASI Dharambir. Lateron, investigating was conducted by PSI Janak. Accused Sunil @ Matri was formally arrested on 17.10.2023. He got recovered the mobile phone snatched in the instant case and also got the place of occurrence demarcated. On 18.10.2023, accused Rakesh was arrested. He got recovered a pistol 315 bore and motor-cycle having registration No. HR-20AV3921. Sketch of the pistol was prepared and it was converted into a parcel sealed with seal inscription JS/1. Accused also got the place of occurrence demarcated. Further investigation was conducted by ASI Sandeep and Section 201 IPC was incorporated in the FIR. On 12.11.2923, accused Vinod was formally arrested. The accused got recovered Rs. 1000/- out of his share of loot. Section 25(1- B)(a) of Arms Act was incorporated. Scaled site plan of place occurrence was got prepared and sanction for prosecution was obtained from District Magistrate. After completion of investigation, report Under Section 173 Cr.P.C. was submitted in the Court on 19.12.2023."

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

3. The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, has made the following submissions :-

(i) The petitioner has not been named in the present FIR;

(ii) Recovery of Rs.1,000/- is shown to be effected from the present petitioner, and that too after one year;

(iii) The disclosure of co-accused cannot be read against the present petitioner, except that there is no incriminating evidence to connect the petitioner with the crime involved;

(iv) Petitioner has suffered incarceration of more than 05 months, as on today, and the trial is yet to commence.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

4. Per contra, the learned State counsel, who is in receipt of advance notice, has placed on record the custody certificate of the petitioner, as issued by the Deputy Superintendent, Central Jail No.l (Hisar), Haryana. The same is taken on record. A perusal of the custody certificate reveals that the petitioner has suffered incarceration of 05 months and 12 days, as on today. Learned State counsel on instructions, imparted to him by SI Harpool, has opposed the grant of regu