(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R. No. I-113 of 2004 registered with Kadi Police Station, District: Mehsana for the offences under Ss. 302, 397, 34 and 201 of Indian Penal Code.
(2.) The case of prosecution-F.I.R. lodged by Shri Sudhaben W/o. Sunilkumar Patel on 03/02/2004, the father in law of the complainant was serving in one temple and the accused are serving as watch man and accused no. 2 serving in temple and on the day of the incident four persons are kill with sword and both of them are missing after checking the place, the complainant come to know that some of articles are missing and therefore FIR come to be registered wherein the name of the accused are not disclosed.
(3.) Learned advocate for the applicant submits that the applicant is innocent persons and falsely involved in alleged offence; there is no recovery or discovery from the applicant; offence is registered in the year 2004 the name of the applicant is not disclosed in the FIR; there was dispute of salary and therefore, the applicant and her husband left the job in the year 2004 and both of them are not aware about the incident in question and they were not present at the time of incident; no active role has been played by the applicant in the commission of the alleged offence; the applicant has no antecedent; the applicant is lady accused aged 50 years and having family and is in jail since 27/06/2021. He further submits that even considering the chargesheet papers, no active role of the applicant has come on record. He also submits considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.