SHARDA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under section 439 of the Code of Criminal Procedure, 1973 Code (hereinafter referred to 'Cr.P.C.' for short), petitioner has prayed for grant of regular bail in FIR No. 157 of 2018, dated 29.05.2018, registered at Police Station Haroli, District Una, under Sections 302, 457, 380 and 120B read with Section 34 of Indian Penal Code (hereinafter referred to 'IPC' for short).

(2.) Mr. N.K. Thakur, learned Senior Counsel appearing for the petitioner has submitted that besides the factum of the petitioner being an innocent lady, she has three minor children to look after, who are totally dependent upon her. Mr. Thakur has further submitted that it is not even the case of the prosecution that the petitioner was present at the scene of crime and the allegation of the prosecution against the petitioner is of conspiracy. He has further submitted that the petitioner is a permanent resident of village Polian Beet, Tehsil Haroli, District Una, and in case she is released on bail, there is no likelihood or possibility of her jumping the bail and not being available for trial.

(3.) On the other hand, Mr. Desh Raj Thakur, learned Additional Advocate General has submitted that taking into consideration the heinousness of the offences alleged against the petitioner, it is not a fit case where petitioner should be enlarged on bail, as in such an eventuality, there is a possibility of her influencing the witnesses and thus, causing obstruction in the course of investigation and trial.