Deepali Bassi vs State of Punjab

This is the petition for grant of regular bail by the present petitioner-Deepali Bassi, in FIR No.72 dated 14.07.2013, under Sections 364, 307, 323,

324, 171, 148, 149, 120-B, 506, 420, 467, 468, 471, 201 of Indian Penal Code, 1860 (for short 'IPC'), read with Section 25 of Arms Act, 1959 (for short

'Act') and Section 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'NDPS Act'), registered at Police Station Doraha,

District Ludhiana.

Heard learned counsel for the rival parties.

Learned State counsel as well as the learned Senior counsel for the complainant vehemently opposed the plea for regular bail to the petitioner.

Learned counsel for the petitioner has pointed out the order dated 13.07.2018 passed in CRM-M-26199 of 2018, in the case of Sonu Chaurasia

versus State of Punjab and submitted that the case of the petitioner is better than the said person Sonu Chaurasia inasmuch as Sonu Chaurasia was

got recovered pistol and live cartridges and had injured the victim by means of KRICH blow on the neck. However, perusal of the said order shows

that Sonu Chaurasia was granted interim bail and according to the learned counsel for the petitioner, the said order of interim bail is continued as on

date.

I have also gone through the examination-in-chief of the witnesses, which has been shown to me to find out the nature of evidence against the

present petitioner-Deepali Bassi. It would not be fair to make any assessment of the said evidence for deciding the present petition since I am inclined

to grant bail to the present petitioner on the ground of parity with Sonu Chaurasia got interim bail. The petitioner is in jail for last five years. There is no

reason why the said benefit should not be extended to the present petitioner, who is a woman. In that view of the matter, I make the following order:-

ORDER

(i) The petitioner shall be released on interim bail till the conclusion of the trial to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate,

concerned, with an undertaking to be furnished by the petitioner that she will continue appearing before the trial Court on each and every date of

hearing;

(ii) The petitioner shall file an affidavit/undertaking before concerned CJM/DM that she will not commit similar or any other kind of offence in future;

(iii) The petitioner shall not tamper, influence and threaten the prosecution witnesses and complainant as well;

(iv) The petitioner shall surrender her passport, if she possesses, with the trial Court.

(v) Disposed of.