JUDGMENT :

RAMESH KUMARI, J.

1. The appellant/accused has filed the instant appeal against the impugned order dated 13.11.2024 passed by learned Additional Sessions Judge, Fazilka whereby, his application for grant of regular bail has been dismissed.

2. The above numbered FIR was registered at the instance of Inspector Paramjit Kaur wherein she stated that 10.09.2023, when she along with police party was present at a check point in the area of Gumjal, a private bus came from the side of Ganganagar. While the police party was checking the said bus, two youngsters alighted from the bus and fled away, but were apprehended by the police party. On being enquired, they disclosed their names as Sharanjeet Singh son of Saroop Singh r/o Dera Baba Nanak and William Masih. Search of Sharanjeet Singh yielded one country made pistol along with 10 live cartridges. Personal search of William Masih yielded one country made pistol along with 10 live cartridges. Later on offences under Sections 17, 18 and 20 of Unlawful Activities (Prevention) Act (for short-UAPA Act) and Section 201 of IPC was added.

3. Vide Rapat at No.29 dated 04.11.2023, appellant-Shivkaran Singh @Karan was nominated on the disclosure statement of co-accused.

4. The main contention of learned counsel for the appellant is that he has falsely been implicated in this case and was arrested while being in custody in another case. The recovery of country made pistol .9MM along with magazine and 6 live cartridges allegedly effected from him was effected in context of another case regarding which FIR No.113 dated 09.09.2023 under Sections 307, 148, 149 IPC and Section 25(A) of Arms Act, at Police Station Dera Baba Nanak, Gurdaspur was registered. He has since been released on bail in said case arising out of FIR No.113 vide order dated 26.02.2024 of learned Additional Sessions Judge. Nothing is recovered from the appellant/accused in this case. His alleged disclosure statement under Section 27 of Indian Evidence Act had not resulted in recovery of any incriminating substance. The statement of co-accused cannot be read against him and he vehemently prayed for release of appellant/accused on regular bail.

5. Per contra, learned State counsel contended that accused Sehajpreet Singh @ Nirvair Singh @ Sunny was nominated in this case on the basis of statement of co-accused Sharanjit Singh and William Masih who were arrested on the spot and have been specifically named in the FIR. Accused Sehajpreet Singh @ Nirvair Singh @ Sunny was arrested at Delhi Airport on 25.10.2023 when he was trying to abscond from India. He, during questioning, disclosed that he and Amarjeet Singh @ Nikka @ Bhaiya son of Sukhdev Singh, Daler Singh son of Malkeet Singh, Gurpreet Singh son of Sewa Singh, Sharanjit Singh @ Sunny son of Saroop Singh, William Masih son of Kashmir Masih jointly indulged in illegal activities and they were to kill leaders of a particular community for which they had brought the pistol. Accused Sehajpreet Singh @ Nirvail Singh also disclosed that earlier also, he brought the pistol which he had kept concealed in the fields and got recovered one pistol .9 MM with magazine, one pistol .30 bore with magazine and one extra magazine along with two live cartridges.

6. Gurpreet Singh @ Gopi son of Sewa Singh, Daler Singh son of Malkit Singh, Amarjeet Singh @ Nikka son of Sukhdev Singh were nominated in this case vide DDR No.47 dated 27.10.2023, upon disclosure statement of Sehajpreet Singh recorded on 03.11.2023, Amarjeet Singh @ Nikka was arrested in this case. Amarjeet Singh @ Nikka in his statement dated 04.11.2023, disclosed about the involvement of appellant/accused regarding collection of arms, ammunition and fake currency notes from the border which were dropped through drones by Harinder Singh Rinda, chief of Babbar Khalsa International Organization Pakistan and that he used to distribute the