MAHENDRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of the accused-petitioner who has been arrested on 5/2/2023 in connection with FIR No. 715/2022 registered at Police Station Kumher, District Bharatur for offences under Ss. 147, 148, 149, 302 and 120B IPC and Sec. 3/25 of the Arms Act. After completion of trial, the police has filed charge sheet for offences under Ss. 147, 148, 149, 302, 307 and 120B IPC and Sec. 3/25 of the Arms Act.

(2.) Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case. He submits that the petitioner is a lady and she is behind the bars since 5/2/2023. He further contends that she was not named in the statement of the injured Tenpal recorded under Sec. 164 Cr.P.C on 22/2/2023. The only allegation against the petitioner is that she pelted stones on the complainant side. Counsel further submits that notwithstanding the accusation being the one punishable under Sec. 302 of the IPC, she being a woman is statutorily entitled to be considered for release on bail, that too in a case where the charge sheet is already filed in the matter. He also contends that the petitioner being the family member of the alleged aggressor party, has been over-implicated in this case. The petitioner has no criminal antecedents and trial will take considerable time in its conclusion. He thus, prays that the instant bail application may be allowed and the petitioner may be released on bail.

(3.) Per contra, learned Public Prosecutor as well as learned Senior Counsel Mr. A.K. Gupta, assisted by Mr. Gaurav Sharma representing the complainant vehemently and fervently oppose the bail application and submits that it is a case of triple murder and the alleged offence is punishable with death or life imprisonment. That being so, the petitioner notwithstanding being a woman and entitled for consideration under Sec. 437 of the Cr.P.C. should not be released in the matter. It is also contended that there is serious allegations against the petitioner and number of witnesses have clearly stated that she actively participated in the commission of crime and was pelting stones.