ASHA RANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Smt. Asha Rani, who is behind the bars since 6/8/2021, has approached this Court in the instant proceedings filed under S.439 Cr.PC for grant of regular bail in case FIR No. 145, dtd. 6/8/2021, under S 302/34 IPC and S. 25 of the Arms Act, registered at Police Station Amb, District Una,Himachal Pradesh.

(2.) Pursuant to orders dtd. 16/11/2021 and 10/12/2021, respondent-State has filed status report. ASI Surender Kumar, PS Amb has come present with the record. Record perused and returned.

(3.) Close scrutiny of status report/record reveals that on 6/8/2021, complainant Mehar singh got his statement recorded under S.154 Cr.PC, alleging therein that on 6/8/2021, at 6.00 PM, when he was going to Tyai after purchasing cattle feed, person namely Gopal Krishan was threatening the people while carrying a double barrel gun. Above named complainant further alleged that Gopal Krishan dared the people present on the spot to touch the mesh wire put around his fields. Person namely Surjeet Singh, Ashok Kumar and Vikram Singh were also standing near the fence and when Surjeet Singh touched the fence, Gopal Krishan, fired at him, as a consequence of which, he fell down on the ground. Complainant also disclosed to the police that wife of Gopal Krishan, i.e. present bail petitioner was also present at the spot and was carrying envelope/bag containing live cartridges. Complainant alleged that Gopal Krishan, after having shot Surjeet Singh, again loaded his gun after taking live cartridges from his wife Asha Rani. Record reveals that there was some land dispute inter se Gopal Krishan and other local people and prior to the alleged incident, Kanungo demarcated the land and fixed the pakka points. Apparently, accused Gopal Krishan and present bail petitioner were not happy with the demarcation and some altercation took place inter se parties present at the spot. In the aforesaid background, FIR as detailed hereinabove came to be lodged against Gopal Krishan and present bail petitioner Asha Rani, on 6/8/2021 and since then they are behind the bars. Prior to filing the petition at hand, bail petitioner had approached learned Additional sessions Judge Una, Circuit Court at Amb, for grant of regular bail, but such prayer of her was rejected vide order dtd. 21/10/2021. Challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner as such, she has approached this court for grant of regular bail.