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Judgment
K.S. Jhaveri, J.—This application has been preferred to cancel the bail granted to Respondent No. 2 herein, original applicant, by the learned Sessions Judge, Dahod vide common order dated 19.01.2010 passed in Criminal Misc. Application No. 26/2010 and cognate matter.
The facts in brief are that in connection with the criminal complaint being I-C.R. No. 51/2009 registered with Fatehpura Police Station under Sections 143, 147, 148, 149, 302 and 342 IPC, Respondent No. 2 herein came to be arrested on 04.10.2009. Thereafter, Respondent No. 2 preferred Cri. Misc. Application No. 26/2010 u/s 439 of Code of Criminal Procedure before the Sessions Court, Dahod. The said application was heard by the Sessions Court along with other application filed by co-accused persons and by impugned order dated 19.01.2010, Respondent No. 2 came to be released on bail.
The main ground on which the impugned order has been assailed is that the Court below has not considered the facts of the case in its proper perspective inasmuch as Respondent No. 2 was found to be having a dead weapon (dafna) in her hands at the relevant point of time and also that the offences alleged against the accused are made out.
Heard learned Counsel for the applicant and learned APP for the Respondent-State. It is alleged against Respondent No. 2 herein that she was holding a weapon at the relevant point of time. However, it does not appear that Respondent No. 2 had used the said weapon against the deceased at any point of time. Prima facie, it appears that Respondent No. 2 has not played any active role in the commission of the alleged offence. Apart from that Respondent No. 2 herein is a lady, a factor which was also considered by the Court below while granting bail.
Considering the facts of the case and the settled law on the subject, I do not find this to be a case wherein the bail granted to the accused deserves to be cancelled.
In view of the above, the application stands rejected.