H.S. Grewal, J.(Oral)

1. This petition has been filed by the petitioner seeking regular bail under Section 483 BNSS, 2023 (439 of Cr.P.C), in case FIR No. 01 dated 01.01.2026 U/s 111(2) OF BNS of 2023 and Section 25 of Arms Act, Section 310 (5) (6) of BNS of 2023 Added later on, ( Erstwhile section Section 111 (2) Newly added Section in BNS 2023 and section 400 and 402 of IPC) Registered at Police Station Kotwali Patiala, District Patiala.

2. The case of the prosecution is that the petitioner, along with his co-accused, was apprehended on the basis of secret information, and a huge haul of firearms was recovered from the co-accused.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that nothing has been recovered from the petitioner, although he was found in the company of the co-accused. It is also submitted that the petitioner is not involved in any other case and is in custody since 01.01.2026. Hence, prayer has been made for grant of regular bail.

4. Notice of motion.

5. Mr. Rohit Hans, learned DAG, Punjab, accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate of the petitioner, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 03 months and 17 days and is not involved in any other case.

6. I have heard learned counsel for the parties and perused the record.

7. Keeping in view the facts that the petitioner is in custody for the last 03 months and 17 days, is not involved in any other case, there is no direct involvement in the arms recovered from the co-accused and no offence under Section 111(23) BNS is made out at this stage, and further considering that the trial is yet to commence and is likely to take considerable time to conclude, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial, as continued detention would not serve the ends of justice.

8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

9. However, it is made clear that in case the petitioner misuses the concession of bail, the State/complainant would be at liberty to seek cancellation of his bail.

10. Pending application(s), if any, shall also stand disposed of.