Neutral Citation No. - 2025:AHC:11397 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41597 of 2024 Applicant :- Mansha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.,Neeraj Srivastava,Rajneesh Kumar Tiwari Hon'ble Sameer Jain,J. 1. Heard Sri Amarnath Tripathi, learned counsel for the applicant, Sri Rauf Ali, learned Advocate holding brief of Sri Neeraj Srivastava, learned counsel for the informant and Sri Manav Chaurasiya, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 363 of 2021, under Sections 304-B, 498-A, and 302 IPC and 3/4 D.P. Act, Police Station- Rohaniya, District- Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of applicant and her first bail application was dismissed on merit by this Court on 10.05.2023 but he is pressing the instant second bail application on the ground that applicant is mother-in-law of the deceased and after rejection of the first bail application of the applicant, bail application of father-in-law of the deceased namely Shyam Bihari Singh has been allowed by co-ordinate Bench of this Court and his bail order has been annexed at page no. 17 of the paper book and on facts, case of applicant is at par with him. 4. He further submitted that applicant is lady and there is no specific allegation against her and she is not having any criminal history and she is in jail in the present matter since 25.07.2021 i.e. for last almost three and half years. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and her first bail application was dismissed on merit by this Court but could not dispute the fact that applicant is mother-in-law of the deceased and after rejection of the first bail application of the applicant, bail application of father-in-law of the deceased has been allowed by co-ordinate Bench of this Court and applicant is in jail in the present matter for last almost three and half years. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the second bail application filed on behalf of the applicant and her first bail application was dismissed on merit by this Court but record also suggests that applicant is mother-in- law of the deceased and after rejection of the first bail application of the applicant, bail application of father-in-law of the deceased has been allowed by co-ordinate Bench of this Court and on facts, case of applicant is at par with him. 8. Further, applicant is lady and there is no specific allegation against her and she is not having any criminal history and she is in jail in the present matter since 25.07.2021 i.e. for last almost three and half years. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Mansha 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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 applicant shall not indulge in any criminal and anti-social activity. 12. 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 applicant. 13. 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 :- 22.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad