ORDER :

1. Bail petitioner namely Smt. Asha Rani, who is behind the bars since 6.8.2021, has approached this Court in the instant proceedings filed under S.439 Cr.P.C. for grant of regular bail in case FIR No. 145, dated 6.8.2021, under S 302/34 IPC and S.25 of the Arms Act, registered at Police Station Amb, District Una, Himachal Pradesh.

2. Pursuant to orders dated 16.11.2021 and 10.12.2021, respondent-State has filed status report. ASI Surender Kumar, PS Amb has come present with the record. Record perused and returned.

3. Close scrutiny of status report/record reveals that on 6.8.2021, complainant Mehar singh got his statement recorded under S.154 Cr.P.C. alleging therein that on 6.8.2021, at 6.00 P.M. when he was going to Tyai after purchasing cattle feed, person namely Gopal Krishan was threatening the people while carrying a double barrel gun. Above named complainant further alleged that Gopal Krishan dared the people present on the spot to touch the mesh wire put around his fields. Person namely Surjeet Singh, Ashok Kumar and Vikram Singh were also standing near the fence and when Surjeet Singh touched the fence, Gopal Krishan, fired at him, as a consequence of which, he fell down on the ground. Complainant also disclosed to the police that wife of Gopal Krishan, i.e. present bail petitioner was also present at the spot and was carrying envelope/bag containing live cartridges. Complainant alleged that Gopal Krishan, after having shot Surjeet Singh, again loaded his gun after taking live cartridges from his wife Asha Rani. Record reveals that there was some land dispute inter se Gopal Krishan and other local people and prior to the alleged incident, Kanungo demarcated the land and fixed the pakka points. Apparently, accused Gopal Krishan and present bail petitioner were not happy with the demarcation and some altercation took place inter se parties present at the spot. In the aforesaid background, FIR as detailed hereinabove came to be lodged against Gopal Krishan and present bail petitioner Asha Rani, on 6.8.2021 and since then they are behind the bars. Prior to filing the petition at hand, bail petitioner had approached learned Additional sessions Judge Una, Circuit Court at Amb, for grant of regular bail, but such prayer of her was rejected vide order dated 21.10.2021. Challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner as such, she has approached this court for grant of regular bail.

4. On 10.12.2021, learned counsel representing the petitioner submitted before this Court that there is none in the house of bail petitioner to take care of her old aged mother-in-law and as such, this Court vide aforesaid order, directed the investigating officer to verify that how many people reside in the house of the bail petitioner and is there anyone to take care of her aged mother-in-law.

5. Pursuant to order dated 10.12.2021, investigating officer has filed fresh status report enclosing therewith statements made by Pradhan, Gram Panchayat Tyahi, Development Block Amb, District Una and other respectable members of the area. Perusal of aforesaid communication as well as statements made by persons detailed herein above, reveals that mother-in-law of the bail petitioner is 82 years old and there is none to take care of her. Main accused, Gopal Krishan is the only son of the old lady and apart from him, present bail petitioner is the only person to take care of her mother-in-law. Sons of Asha Rani, i.e. present bail petitioner do not reside with them, rather are living outside the State, on account of their occupation and as such, are not in a position to take care of their old aged grandmother.

6. Mr. Narinder Thakur, learned Deputy Advocate General while fairly admitting the factum with regard to filing of challan in the competent court of law, contends that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of offence alleged to hav