1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.2362/2009 (Mukhtyar Kaur Vs. State of Rajasthan) Date of Order : : 24.04.2009 HON'BLE MR.H.R.PANWAR,J. Mr.Rakesh Matoria, for the petitioner. Mr.Ashok Prajapat, Public Prosecutor for State. Heard learned counsel for the petitioner and learned Public Prosecutor for the State. Perused the order impugned as well as challan papers. It is contended by learned counsel for the petitioner that star witness is Major Singh, who in his statement has not implicated the petitioner with the commission of crime. In the instant case, the murder of one Vinod Kumar has been committed and as per the statements of witnesses Major Singh and Jeet Singh, it was Laddu @ Naresh and Nanu who committed murder of Vinod Kumar. So far as the petitioner is concerned, no overt act has been assigned to her. I have carefully gone through the statements of the witnesses Major Singh and Jeet Singh. It is stated by witness 2 Major Singh that outside the nursery, he heard the cries of Vinok Kumar saying to Laddu and Nanu “what wrong I have committed and why you are assaulting me” and ultimately, when he went there he saw Guddu @ Naresh and Nanu running from there. Thus, there is specific allegation against the accused Laddu @ Naresh and Nanu of which presence has been shown by the witnesses. Learned counsel for the petitioner submits that nothing has been recovered from the petitioner as no information has been furnished by her and she has been falsely been implicated in this case only on the suspicion that she had illicit relation with one of the accused Laddu @ Naresh. Be that as it may, having regard to the facts and circumstances of the case and keeping in view the statements of the two witnesses referred above implicating the accused Laddu @ Naresh and Nanu, without commenting on the merit of the case, 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 it is directed that petitioner Mukhtyar Kaur W/o Vinod Kumar be released on bail in FIR No.41/2009, P.S.Ghadsana, District Sri Ganganagar provided he executes a personal bond for a sum of Rs.20,000/- with two 3 sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. NK