ORDER :

1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner who has been arrested on 05.02.2023 in connection with FIR No. 715/2022 registered at Police Station Kumher, District Bharatur for offences under Sections 147 , 148, 149, 302 and 120B IPC and Section 3 /25 of the ARMS ACT . After completion of trial, the police has filed charge sheet for offences under Sections 147 , 148, 149, 302, 307 and 120B IPC and Section 3 /25 of the ARMS ACT .

2. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case. He submits that the petitioner is a lady and she is behind the bars since 05.02.2023. He further contends that she was not named in the statement of the injured Tenpal recorded under Section 164 Cr.P.C on 22.02.2023. The only allegation against the petitioner is that she pelted stones on the complainant side. Counsel further submits that notwithstanding the accusation being the one punishable under Section 302 of the IPC, she being a woman is statutorily entitled to be considered for release on bail, that too in a case where the charge sheet is already filed in the matter. He also contends that the petitioner being the family member of the alleged aggressor party, has been over-implicated in this case. The petitioner has no criminal antecedents and trial will take considerable time in its conclusion. He thus, prays that the instant bail application may be allowed and the petitioner may be released on bail.

3. Per contra, learned Public Prosecutor as well as learned Senior Counsel Mr. A.K. Gupta, assisted by Mr. Gaurav Sharma representing the complainant vehemently and fervently oppose the bail application and submits that it is a case of triple murder and the alleged offence is punishable with death or life imprisonment. That being so, the petitioner notwithstanding being a woman and entitled for consideration under Section 437 of the Cr.P.C. should not be released in the matter. It is also contended that there is serious allegations against the petitioner and number of witnesses have clearly stated that she actively participated in the commission of crime and was pelting stones.

4. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

5. It is germane to notice the proviso to Section 437 of the Cr.P.C. upon which the learned counsel for the accused petitioner has laid emphasis. Section 437 of the Cr.P.C. reads as follows:

“437. When bail may be taken in case of non-bailable offence:

(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released on bail, but:

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bai