PARDEEP CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, invoking Sec. 439 of the Code of Criminal Procedure, has approached this Court for grant of bail in case FIR No.381/21, dtd. 28/12/2021, registered under Ss. 25(1)A & 27 of the Arms Act and Sec. 34 of the Indian Penal Code (for short 'IPC') at Police Station Nalagarh, Police District Baddi, District Solan, Himachal Pradesh.

(2.) Status Report has been filed. Record has also been produced.

(3.) Prosecution case is that on 27/12/2021, police had laid Naka at Nasrali Pul on Nalagarh-Dabhota road. At about 10.30 p.m., a Car came at high speed from Bharatgarh side. When the Car was stopped with the help of police officials, the driver of the Car started turning the Car back in a hurry, but the Car was stopped. On inquiry, driver of the Car disclosed his name as Nishant Kumar (co-accused), whereas another passenger sitting with him, on front seat, was petitioner. During this inquiry, the police noticed an iron magazine type article kept by the petitioner by the side of right foot, which was pulled by ASI Vijay Pal Singh and was found to be magazine of pistol. Thereafter, on searching person of petitioner, a pistol, containing five live cartridges in its magazine, was recovered. Petitioner could not produce any licence or permit relating to pistol and bullets, whereupon the pistol alongwith bullets was taken in possession and seized.