Rajesh Devi v. State ( Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 546/2016 RAJESH DEVI ..... Petitioner Through:

Mr. R.M. Tufail, Mr. Vishal Raj Sehjipal, Mr. Farooq Chaudhary and Ms. Meenakshi Joshi, Advs.

versus STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through:

Mr. Mukesh Kumar, APP for State along with Insp. Mukesh Kumar, P.S.

Mahendra Park.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.07.2016 Learned counsel for the petitioner submits that petitioner is aged about 50 years and is in incarceration for four and a half years. She is facing trial in the present FIR No.

50/2012 under Sections 147/148/149/302/207/323/34 registered at Police Station Mahender Park. Role assigned to the petitioner is of pelting stones. Petitioner was not armed with any weapon, much less a knife with which co-accused Anil, Sunil and Suman are alleged armed.

As per the prosecution, Anil and Sunil had stabbed Narender and Kuldeep resulting in their death. As regards the knife blow on the thigh of injured-Vinita is concerned, role has been assigned to co-accused Suman. It is further submitted that petitioner is the neighbour of

victims and a quarrel ensued on some trivial matter. Learned APP for the State submits that petitioner actively participated with other co-accused who had been assigned the role of stabbing Kuldeep and Narender resulting in their death and simple injury to victim-Vinita. It is further submitted that petitioner was sharing a common intention with other co-accused.

Keeping in mind the above facts more particularly, the role assigned to the petitioner is that of pelting stones in the FIR, inasmuch as, in the statement of PW11-Pappu Mishra, petitioner has been assigned the role of catching hold of Vinita as also other adverting circumstances as stated above, petitioner is admitted to bail subject to her furnishing a personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of the trial court.

Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JULY 14, 2016 ga