(1.) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.120 dated 01.11.2020, for offence punishable under Sections 399, 402 of the Indian Penal Code, 1860 (in short 'IPC') and 25 of the Arms Act and 21/25/29 of the NDPS Act, registered at Police Station Bhadur, Barnala, District Barnala.
(2.) Counsel for the petitioner, at the very outset, has relied upon the order dated 29.07.2021 passed in CRM-M No.22139, 79, 11276, 5570 of 2021, vide which 05 of the co-accused of the petitioner namely, Nirmal Singh, Satwinder Singh @ Chatta, Gurkirat Singh @ Jassi, Kuldeep Singh @ Deepu and Balwinder Singh @ Jassi, were granted the concession of regular bail. The operative part of the said order, reads as under:-
(3.) Counsel for the petitioner has further submitted that the petitioner is in custody for the last 09 months and he is not involved in any other case. Lastly, it is submitted that the petitioner was nominated in the case, on the basis of the disclosure statement of the co-accused, who were arrested prior to the petitioner.