JUDGMENT 1. Accused-petitioner who was apprehended pursuant to investigation into FIR No. 613/2017 registered at Police Station Hanumangarh Junction has preferred this third bail application. 2. In the FIR aforesaid, petitioner and her two other accomplices namely Sahdev and Suresh Kumar are castigated for offence punishable under Sections 307, 326, 201, 323, 120-B and 34 IPC besides for offence under Section 3/25 of the Arms Act. 3. First bail application bearing No. 10767/2017 was dismissed as not pressed on 13th of December, 2017. Second Bail Application No. 2736/2018 was laid after submission of chargesheet in the matter, but same was also rejected by a detailed order on 23rd of April, 2018. 4. Arguing on the third bail application, it is submitted by learned counsel for the petitioner that although charge-sheet in the matter was filed in the month of December, 2017 but so far there is no material progress in the trial inasmuch as only charges have been framed. Learned counsel further submits that during investigation, petitioner was apprehended on 5th of November, 2017 and since then a year has passed, and therefore, considering her status as woman, she deserves latitude in the matter of grant of bail. It is also submitted by learned counsel that although charges slapped against the petitioner are of grave and serious in nature, but there is no evidence to show that she was directly involved in inflicting injury to the victim by use of firearms. It is also argued by learned counsel that barring the instant criminal case, there is no antecedent of the petitioner, and therefore, the prolonged custody of the petitioner which is for almost thirteen months, she may be given some reprive in the matter of grant of bail. Learned counsel has lastly contended that prosecution has cited 39 witnesses, and therefore, completion of trial is likely to take considerable time is yet another significant factor for favourable consideration of her bail plea. 5. Per contra, learned Public Prosecutor has vehemently opposed third bail application. 6. Mr. B.S. Sandhu with Mr. D.S. Gharsana appearing on behalf of complainant have strenuously urged that after rejection of second bail application, there is no change much less substantial change in the matter.
5. Per contra, learned Public Prosecutor has vehemently opposed third bail application. 6. Mr. B.S. Sandhu with Mr. D.S. Gharsana appearing on behalf of complainant have strenuously urged that after rejection of second bail application, there is no change much less substantial change in the matter. Learned counsel for the complainant has brazenly argued that petitioner was the king-pin and she has hired two other accomplices for commission of the offence, and therefore, her role in the entire episode cannot be underplayed. I have bestowed my consideration to the arguments advanced at Bar and also perused the materials available on record. 7. There remains no quarrel that petitioner is a woman who was apprehended on 5th of November, 2017 and so far during trial only charges have been framed. It is also noteworthy that the evidence collected during investigation has though prima facie, indicted petitioner for hatching conspiracy with other accomplices to inflict injury to the complainant by use of firearms but then there is no inkling from the evidence to show that she was directly involved in commission of offence. Well it is true that the main assailants i.e. Sahdev and Suresh Kumar who were accomplices of the petitioner have used firearms to cause grave and serious injury to the victim-complainant purportedly under the instructions of the petitioner but the angle of conspiracy can only be unfurled during trial on the strength of cogent evidence sought to be tendered by the prosecution. Therefore, at this stage, while refraining to make any comment on merits of the case, I feel inclined to take a benevolent view for grant of bail solely for the reason that petitioner is in custody for last more than thirteen months and she being a woman. 8. Accordingly, this third bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Rekha Choudhary W/o Shri Kalu Ram, arrested in connection with F.I.R. No. 613/2017 of Police Station Hanumangarh Junction, District Hanumangarh, may be released on bail; provided she furnishes a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.