Neutral Citation No. - 2025:AHC:3081 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41728 of 2024 Applicant :- Smt. Vimla Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Dwivedi,Krishna Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri K.D. Tiwari, learned counsel for the applicants and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 0242 of 2024, under Section 108 B.N.S., Police Station Mainather, District Moradabad during pendency of the trial. 3. Learned counsel for the applicants submitted that applicant no.1 is wife of the deceased and applicant no.2 is mother-in-law of the deceased and on the basis of false allegation of abatement, they have been made accused in the present matter along with father-in- law and brother-in-law of the deceased and after considering the entire facts of the case, father-in-law and brother-in-law of the deceased have been released on bail today by this Court vide Criminal Misc. Bail Application No.41700 of 2024 and on facts case of applicants is exactly at par with them. 4. He further submits, both applicants are ladies and they are not having any criminal history and in the present matter they are in jail since 08.08.2024 i.e. for last more than five months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed two accused persons have been released on bail by this Court and both applicants are ladies and they not having any criminal history and in the present matter they are in jail since 08.08.2024 i.e. for last more than five months, in my view, applicants are entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicants - Smt. Vimla Devi and Smt. Shyamo Devi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad