GURJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petitions for seeking regular bail in FIR No. 138 of 2025, dtd. 15/8/2025, registered at Police Station Shimla West, District Shimla, H.P., for the commission of an offence punishable under Sec. 25(1) (a) of the Arms Act, 1959. Since both the petitions have arisen out of the same FIR; therefore, they are being taken up together to avoid repetition.

(2.) It has been asserted that the petitioners, Gurjeet Singh and Jagpal Singh, were arrested n 15/8/2025. They were remanded to judicial custody. The pe itioner, Jagpal is lodged at Model Central Jail, Kanda and the petitioner, Gurjeet Singh is lodged at Central Jail, Ganganagar, Rajasthan. The petitioners were falsely implicated. The petitioners had earlier filed bail petitions, which were dismissed by the learned Additional Sessions Judge -II, Shimla, District Shimla, H.P. Three FIRs (FIR No. 90 of 2024, under Ss. 331(8), 305, 333, 351(2) and 125 of Bhartiya Nyaya Sanhita, 2023 at Khundiyan, Fazilka, Punjab & Ss. 25 and 27 of the Arms Act, Police Station Khaiya Sarwar, Tehsil Avohar, District Fazilka, Punjab, FIR No. 344 of 2022 under Ss. 341, 323, 382, 506 and 143 of Indian Penal Code, Police Station Kotwali, Shri Ganga Gunnar, Rajasthan and FIR No. 114 of 2025, dtd. 17/8/2025, under Ss. 308(2), 351(2) BNS, Police Station City -2, Abohar, Fazilka, Punjab) are pending against the petitioner, Jagpal Singh and four FIRs (FIR No. 183 of 2023, dtd. 12/9/2023, under Ss. 336, 160, 149 and 427 of IPC and Ss. 25 and 27 of the Arms Act, FIR No. 169 of 2024, dtd. 15/8/2024, under Ss. 118(1), 309(6), 3(5) BNS, Police Station City - 1, Abohar, FIR No. 232 of 2024, dtd. 6/11/2024, under Sec. 25/54/59 of Arms Act, Police Station City -1, Abohar and FIR No. 114 of 2025, dtd. 17/8/2025, under Ss. 308(2) and 351(2) of BNS, Police Station City- 2, Abohar, Fazilka, Punjab) are pending against the petitioner, Gurjeet Singh. They would abide by all the terms and conditions that the C urt may impose. Hence, the petitions.

(3.) The petitions are opposed by filing separate status reports asserting that the police were on patrolling duty on 15/8/2024. They received a 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 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 petitioners would intimidate the witnesses in case of their release on bail. Hence, the status reports.