Mehinder Singh Sullar, J.@mdashPetitioner-Lakhjinder Kaur wife of Rakesh Kumar Chahal, has preferred the instant petition for the grant of regular bail, in a case registered against her along with her other main co-accused, vide FIR No. 56 dated 21.02.2014, on accusation of having committed the offences punishable under Sections 302, 34, 120B IPC and Section 25 of The Arms Act, by the police of Police Station Tosham, District Bhiwani.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.
4. Tersely, the prosecution claimed that on 21.02.2014, other main co-accused of the petitioner have caused the murder of Rakesh Malik, brother of complainant-Krishan Kumar son of Balwan Singh. It is not a matter of dispute that neither the name of the petitioner is mentioned, nor any specific role or particular part is attributed to her either in the FIR or even in the statement of the complainant, recorded u/s 164 Cr.P.C. by the Magistrate. She was subsequently involved in this case, in the wake of second disclosure statement of her co-accused Dalbir @ Dallu, recorded on 01.03.2014. Indisputedly, the police has recorded the first disclosure statement of co-accused Dalbir @ Dallu on 27.02.2014, wherein, he has not even named the petitioner as an accused. There is no direct or circumstantial evidence on record against the petitioner, as acknowledged by learned State Counsel, on instructions from ASI Krishan Kumar, the investigating officer. What is the evidentiary value, admissibility and acceptability of such second disclosure statement of co-accused, relatable to the case of the petitioner, inter alia, would be a moot point to be decided during the course of trial by the trial Court.
5. Be that as it may, the petitioner, who is a lady, was arrested on 01.03.2014. Since then she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of her previous involvement in any other criminal case. Since, even charges have not yet been framed against the accused, so, the conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons, taking into consideration the nature of indicated evidence against the petitioner, totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Bhiwani.
Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.
