Neutral Citation No. - 2025:AHC:81765 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13624 of 2025 Applicant :- Gurbinder Jit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Kumar Gupta,Indra Jit Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri O.P. Singh, learned senior counsel assisted by Sri Indrajit Singh, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.0693 of 2024, under Sections 318 (4), 336(3), 338, 340(2) and 61 (2) B.N.S., 2023 read with Section 5/25 (1) Ka, 25(8) of the Arms Act, 1959, Police Station- Kankerkhera, District-Meerut, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that as many as ten accused persons are named in the FIR. Said FIR was lodged on the basis of recovery memo prepared by police inspector, namely, Sunil Kumar, S.T.F. Field Unit, Meerut. According to prosecution version, 17 guns of 12 bore, 700 live cartridges 315 bore, 3 empty cartridges and one Scorpio Vehicle were recovered, which was recovered from co-accused Rohan and in his confessional statement, name of nine other accused persons has been surfaced, but applicant is not named in the FIR. Later on, his name surfaced during investigation, who operates a gun house in the name of M/s Dhan Dhan Baba Deep Singh Arms and Ammunition. In the statement of co-accused, this fact emerged that one pistol and some cartridges were purchased by the applicant on 19.11.2024 from Pathankot and sold in the shop of Marhatta Gun House situated at Atari Road, Amritsar on 21.11.2024. Learned counsel further submitted that co-accused Sejpal Singh @ Sehajpal Singh whose case stands at par with the applicant, has already been granted bail vide order dated 7.5.2025 in Crl. Misc. Bail Application no. 15419 of 2025. Inasmuch as main accused Rohan who is alleged to have been arrested on the spot with illegal arms and ammunition has also been released on bail vide order dated 18.3.2025 in Crl. Misc. Bail Application no. 45670 of 2024. He lastly submitted that the applicant has explained criminal history on one case apart from this case in paragraph-35 of the affidavit in which bail application is pending before the lower court. The applicant is in jail since 6.3.2025. 4. Per contra, learned A.G.A. vehemently opposed the prayer for bail and submitted that although no recovery was effected on the applicant when he was arrested by the Police, yet this fact emerged during investigation that applicant had sold some firearms to Anil Valiyan and his companion. However, he did not dispute the fact that the name of the accused applicant surfaced only on the basis of confessional statement of co-accused. 5. Considering the rival submissions of learned counsel for the parties and going through the contents of FIR, it is evident that accused is not named in the FIR and co-accused Rohan, who is the main accused and was arrested on the spot, has already been granted bail by Co-ordinate Bench of this Court and co-accused Sejpal Singh has also been granted bail by this Court. The accused/applicant is proprietor of a gun shop and has roots in the society. Without entering into merit of the case, I am of the view that the applicant is entitled to be released on bail. 6. Let the applicant- Gurbinder Jit Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad