Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is lady. There was cross case from both sides. The First Information Report was lodged from side of the applicant on the same day i.e. 01.3.2010 and next day F.I.R. was lodged against the co-accused. Applicant was neither named in the F.I.R. nor in the statement recorded by the Investigating Officer. Subsequently, after one month of the incident name of the applicant was mentioned in the statement of alleged witness Shahid and role of exhortation was assigned to the applicant along with other ladies. Five persons died from other side and one person died and one person received injuries from the side of the applicant. However, the applicant is in jail since 04.3.2010. Case of the applicant is entirely different from co-accused, hence she is entitled for bail.
Prayer of bail was opposed by learned A.G.A. on the ground that five persons died as per prosecution case, hence she is not entitled for bail.
In this view of the matter, without expressing any opinion on merits of the case, let the applicant namely, Smt. Sheela Kaur be released on bail in Case Crime No. 104 of 2010, under Sections 147, 148, 149, 364, 302, 201, 436, 307, 395 and 427 I.P.C., P.S. Parikshitagarh, District Meerut on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 23.6.2010 S.A.A.Rizvi