PANWAR, J. - (1.) HEARD learned counsel for the petitioner and the learned Public Prosecutor for the State assisted by learned counsel for the complainant. Perused the order impugned and challan papers.
(2.) FIRST Information Report was lodged by Harendra Singh son of deceased alleging therein that he along with his father was going on a Motor Cycle, the petitioner got the motor cycle stopped outside her house and dragged the deceased into her house. There were two more persons namely Rav Chouhan and Narendra Chouhan. So far as dragging of the deceased is concerned, it has not been corroborated by the statement of other alleged eye witnesses Vikram Singh and Bhupendra Singh. On the contrary, Vikram Singh has stated that the deceased had illicit relations with the petitioner and therefore, he was on visiting terms to the petitioner. From the statement of the witnesses it appears that none of the eye witnesses have seen who fired the gun. It was a closed door house where they heard sound of fire and the presence of there persons has been shown in the room where the gun was said to have been fired. There is no direct evidence that out of three persons who has fired the gun. The petitioner has been connected with the crime on the basis of recovery of a gun at her instance. The version given in the FIR so far as dragging of the deceased in the house of the petitioner is contrary to the statement of Bhupendra Singh and Vikram Singh as both these witnesses stated that the deceased went on his own inside the house of the petitioner. From this, it appears that the prosecution story is not consistent with that of the first information report. However, without commenting on the merits of the case since the matter is at the trial stage and it may prejudice the case of either of the parties at trial, since there is no direct evidence as to evidence who fired the gun resulting in death of Bhagwan Singh, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr. P. C. is allowed and petitioner Smt. Indu Chauhan W/o Shri Amar Singh be released on bail in FIR No. 163/2004 P. S. Jai Narain Vyas Colony, Bikaner provided she executes a personal bound for a sum of Rs. 50,000/- with two sound and solvent sureties in the sum of Rs. 25,000/- each to the satisfaction of learned Trial Court for her appearance before the Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. .;