Rakesh Kainthla, Judge

1. The petitioner has filed the present petition seeking regular bail in FIR No. 138 of 2025, dated 15.8.2025, registered at Police Station Shimla West, District Shimla, H.P., for the commission of an offence punishable under Section 25 (1) (a) of the Arms Act.

2. It has been asserted that, as per the prosecution, the police had received secret information that certain persons were staying in Babu Ram Bhawan, New Tutu, Shimla, who were involved in illegal activities. The police searched the premises and recovered one pistol and eleven live cartridges from a carry bag lying beneath the gas stove in the kitchen. The police arrested the petitioner, Pardeep Kumar and Jagpal Singh. The petitioner had approached this Court earlier by filing a bail petition, which was registered as Cr.MP(M) No. 2702 of 2025, and was dismissed by this Court on 18.12.2025. Subsequently, co-accused Jagpal Singh filed a bail petition before this Court, and the Court granted him bail on 05.05.2026.. The petitioner is also entitled to bail on the principle of parity. The charge sheet has been filed. The police have cited 28 witnesses, and the conclusion of the trial is likely to take some time. F.I.R. No. 183 of 2023, dated 12.09.2023, for the commission of offences punishable under Section 336, 160, 149, and 427 of IPC and Section 25 and 27 of the Arms Act. F.I.R. No. 169 of 2024, dated 15.08.2024, for the commission of offences punishable under Sections 118(1) and 309(6) read with Section 3(5) of BNS at Police Station City-I Abohar. F.I.R. No. 232 of 2024, dated 06.11.2024, for the commission of offences punishable under Section 25 of the Arms Act, at Police Station-I, Abohar, Fazilka, Punjab and F.I.R. No. 114 of 2025, dated 17.08.2025, for the commission of offences punishable under Sections 308(2) and 351(2) of BNS, Police at Station-I, Abohar, Fazilka, Punjab, have been registered against the petitioner. The petitioner would abide by all the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 15.08.2025. They received secret information at 12:00 p.m. that three persons were selling heroin in the building owned by Babu Ram. A huge quantity of heroin could be recovered by their search. The police reduced the information into writing and sent it to the supervisory officer. The police associated Diwakar Dev Sharma and Mehar Singh Negi & went towards the building. Pradeep Singh, Jagpal Singh and Gurjeet Singh (the present petitioner) were found present in the room. The police searched the room and recovered one pistol and eleven live cartridges. The occupants could not produce a license to possess the pistol. The police seized the pistol and arrested the occupants. The petitioner would intimidate the witnesses in case of his release on bail. The police filed the charge sheet before the learned Chief Judicial Magistrate, Shimla, on 14.10.2025 and a supplementary charge sheet on 4.3.2026. The matter was listed for recording the statements of prosecution witnesses on 25.05.2026. Hence, the status report.

4. I have heard M/s Rahul Sidher and Mr T.K. Verma, learned counsel for the petitioner and Mr Jitender K. Sharma, Additional Advocate General, for the respondent/State.

5. Mr Rahul Sidher, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. This Court had released the co-accused on bail because he had undergone a substantial part of the imprisonment that could be awarded to him in case of his conviction, and his further custody was not justified. The petitioner was arrested from the same room where the co-accused was residing. The allegations against the petitioner and the co-accused are the same, and the petitioner is entitled to bail on the principle of parity. Hence, he praye