Neutral Citation No. - 2025:AHC:132742 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39058 of 2024 Applicant :- Smt Kamlesh Devi Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri A.Z. Khan, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Smt. Kamlesh Devi, seeking enlargement on bail in Case Crime No. 362 of 2023, under Sections 306. 323 IPC, Police Station Bhawanpur District Meerut. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 05.09.2024. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the incident took place on 09.12.2023 and its FIR was lodged on 22.12.2023 after 13 days without given any explanation for delay in lodging the FIR. The allegation made in the FIR is that the marriage of sister of complainant was solemnized on 09.02.2014 with Raj Kumar and on 09.12.2023 informant sister consumed poison and, thereafter, she died during treatment in Super Max Hospital, Meerut on 12.12.2023. Thereafter, the dead body of the deceased was sent for postmortem. As per the opinion of doctor no external injury seen during postmortem examination and cause of death could not be ascertained, hence viscera preserved. As per the Forensic Science Laboratory Report, Aluminum Phosphide poison has been found. It is submitted that on 08.12.2023 the investigating officer recorded the statement of patient Seema Devi, in the hospital, in which she did not make any allegation against the applicant. As per the statements of independent witnesses namely Satish @ Neelu and Himanshu and others recorded by the investigating officer under Section 161 Cr.P.C., in which they have not supported the prosecution story and stated that the deceased consumed the poison herself. It is clear from the statements of independent witnesses and entire case diary, the deceased consumed the poison herself and the applicant has not committed any wrong with the deceased. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer but could not dispute the aforesaid facts. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Smt. Kamlesh Devi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 5.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad