1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.156/2024 registered at Police Station Mundawar, District Khairthal-Tijara for the offence(s) under Sections 143, 323, 341 & 307 of IPC and Sections 3, 25, 5 & 27 of Arms Act.

2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in the case. It is alleged against the petitioner that he along with the other co-accused, opened fire at injured Ankur. There is no recovery of any firearm at the instance of accused. Learned counsel for the petitioner further submits that no bullet or cartridge was recovered by the Investigating Officer at the place of occurrence. In the injury report of injured Ankur, it has not been mentioned that injury sustained to injured Ankur was due to use of firearm. At the time of incident, petitioner was injured and it was not possible for petitioner to commit any offence and due to enmity, petitioner has been falsely involved. There is no criminal antecedent against the petitioner. The petitioner is in custody since long and the trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioner.

3. Per contra, learned Public Prosecutor opposes the bail application.

4. Heard and perused the case diary.

5. Considering the arguments advanced by the counsel for the parties and looking to the fact that no firearm was recovered from the possession of the petitioner. The allegation of using firearm by the petitioner and other co-accused are omnibus in nature. No bullet or cartridge was recovered from the place of occurrence. In the injury report, doctor has not opined that injury caused to injured Ankur was due to use of firearm. There is no criminal antecedent against the petitioner. The petitioner is in custody since long and investigation against the petitioner is concluded and further trial of the case may take considerable time, thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rahul @ Situ S/o Mahendra Singh in connection with FIR No.156/2024 registered at Police Station Mundawar, District Khairthal-Tijara shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.