ANU MALHOTRA, J.

1. The present petition has been filed by the petitioner under Section 439 (2) r/w Section 482 Code of Criminal Procedure, 1973 whereby she seeks cancellation of bail granted to the respondents No.2 and 3, namely, Sumit Chauhan and Kush Chauhan, granted vide order dated 14.5.2018, of the learned Additional Sessions Judge -03 (East), KKD Courts, Delhi in relation to FIR No.382/2016, PS Geeta Colony which was registered under Sections 302 r/w 34 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959, submitting to the effect that the grant of the said bail if permitted to stand would result in serious miscarriage of justice. The petitioner further submits that the gravity of the offence involved and the nature of serious allegations with enough material on the record to show that the respondents 2 and 3 were actively involved in the commission of the crime of a cold blooded murder of her husband Vinod Kumar Sharma on 23.10.2016 at about 6:45 p.m. whereby the respondents No.2 and 3 were found to have actively criminally conspired to eliminate the deceased whilst her spouse was sitting in the office,– were wholly overlooked at the time of grant of bail to the respondents No.2 and 3, vide the impugned order.

2. Notice of the petition and Crl. M.A. No.9289/2018 was issued to the respondents No.2 and 3 and to the State, the respondent No.1 vide order dated 15.5.2018. Vide order dated 15.5.2018, the operation of the impugned order permitting the release of the respondents No.2 and 3 on bail was directed to remain stayed till the next date of hearing, i.e., till 18.5.2018, which interim order has been extended vide orders dated 18.5.2018 and 21.5.2018 and is in existence till date.

3. Additional documents were submitted on behalf of the respondents No.2 and 3 and in terms of order 21.5.18 of this Court the order dated 11.5.2018 of the Trial Court vide which charges were framed, was directed to be submitted and has since been submitted on the record.

4. Arguments were addressed on behalf of the petitioner by Mr. Anurag Jain, Advocate and on behalf of the State by the learned Additional Public Prosecutor for the State, Mr. Kamal Kumar Ghei, and on behalf of the respondents by Mr. Vikas Pahwa, Sr. Advocate on behalf of the respondent No.2 and Mr. Rajiv Dawar, Advocate on behalf of the respondent No.3.

5. As per the FIR, the police was set into action on receipt of DD No.24A on 23.10.2016 by the Police Station Geeta Colony on receipt of a PCR call at 6:45 p.m. that at house No.10/90, Geeta Colony, near Mother Diary, four to five boys had fired at another boy and the Investigating Officer on reaching the spot found the fixed glass door of Shri Shri Trading Company on the ground floor open and blood was scattered on the floor and two pistols and empty cartridges were found lying at the spot and on enquiries it was learnt that three to four boys had come on a motorcycle and had fired bullet shots at about 6:45 p.m. and it was learnt that the injured who had been taken to the Max Hospital was declared’ brought dead’ by the doctors.

6. After investigation, the police filed the first charge sheet in January, 2017 against four accused persons, namely, Akash Chauhan @ Bittoo, Mohd. Kamil @ Nahid, Mohd.Kamar and Mohd Nazim. The second charge sheet was filed in April, 2017 and four more accused persons named Dilshad, Farukh Mazahar, Bilal Tansir @ Manhar and Babu Waseem were chargesheeted and all these eight persons are stated to be presently in judicial custody. The third charge sheet was also filed on 27.3.2018 in which the respondents No.2 and 3 to the present petition were charge sheeted. The respondents No.2 and 3 to the present petition were also charged under Section 120 B r/w Section 107 of the Indian Penal Code, 1860, read with Section 302 of the Indian Penal Code, 1860.

7. As per the averments made in the petition, the petitioner alleged that despite the crime having been implemented in an organized manner