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Neutral Citation No. - 2025:AHC:111397 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23948 of 2025 Applicant :- Mor Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prabha Shanker Chaturvedi,Ramesh Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Mor Singh, who is involved in Case Crime No. 226 of 2025, under Section 3/5/25 Arms Act, police station Kotwali Nagar, district Etah seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant S.I. Amit Kumar got a first information report lodged on 09.05.2025 for the offence under Sections 3, 5, 25 Arms Act against Seenu, Meenu and Mor Singh (present applicant) with the allegation inter alia that he received information from the informer that some persons are running an illegal gun factory in a house situated in Chandan Nagla. Thereafter, the complainant alongwith other police personnel reached at the spot and saw that three persons are manufacturing country-made pistols and some made and half- made pistols and instruments for making pistols are lying near them. Thereafter, on opening the main door of the factory by force, three persons including the applicant alongwith country-made pistols and instruments were apprehended and recovery of 11 pistols of 315 bore, 01 pistol of .32 bore, 04 half-made pistols of 315 bore, 02 live cartridges of 315 bore, 02 empty cartridges of 315 bore, 01 empty cartridges of 12 bore, 01 live cartridges of .32 bore, instruments/machinery for making pistols was made. Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. The applicant is a poor person and is driving the auto-rickshaw for his livelihood. The allegation against the applicant is that he is
involved in buying and selling the country-made pistols but no money has been recovered from him. The applicant was not involved in making or keeping illegal weapon. There is no independent witness of the alleged incident. The applicant does not have any criminal history to his credit. The applicant, who is languishing in jail since 09.05.2025 may be enlarged on bail.
On the other hand, learned Additional Government Advocate vehemently opposed the prayer for bail of the applicant by contending that the applicant was arrested from the spot where he alongwith co-accused Seenu and Meenu were manufacturing illegal weapons. Huge quantity of arms have been recovered from the possession of the applicant as mentioned in the F.I.R. Apart from the arms, cartridges were also recovered from the possession of the applicant. Lastly, it is submitted that the offence is serious in nature, which is against the society at large, therefore, considering the gravity of offence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and perusing the record, I find that huge quantity of arms have been recovered from the possession of the applicant, who was involved in manufacturing illegal weapons. As per prosecution case, the applicant was arrested at the spot. At this stage, I do not find any good ground to presume the false implication of the applicant and to doubt the aforesaid recovery. Considering the overall facts and circumstances of the case, material evidence on record and gravity of offence, I do not find any good ground to enlarge the applicant on bail at this stage. Accordingly, the bail application is rejected. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 11.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad