Neutral Citation No. - 2025:AHC:107361 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43209 of 2024 Applicant :- Mamta Opposite Party :- State of U.P. Counsel for Applicant :- Manish Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prateek Kumar, learned Advocate holding brief of Sri Manish Gupta, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0188 of 2023, under Sections 302, 201, 120-B IPC, Police Station- Paniyara, District- Mahrajganj, 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 the applicant and his first bail application was dismissed on merit by this Court on 09.08.2023 after considering the fact that applicant is wife of the deceased and her husband died due to strangulation and in spite of that she gave information to the police that he committed suicide. 4. He further submitted that he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 02.06.2023 i.e. for last more than two years and till date, trial of the case could not be concluded and till date, out of 30 witnesses of the charge sheet, only 6 witnesses could be examined, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 5. He further submitted that even it is a case of circumstantial evidence and there is no eye-witness account and merely on the ground that at the time of incident, applicant was also in the same house along with the deceased, she has been made accused in the present matter. He further submitted that applicant is lady and she is not having any criminal history. 6. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute the fact that it is a case of circumstantial evidence and there is no eye-witness account and applicant is lady and she is not having any criminal history. He further could not dispute the fact that in the present matter, applicant is in jail since 02.06.2023 i.e. for last more than two years and till date, out of 30 witnesses of the charge sheet, only 6 witnesses could be examined. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed after considering entire facts of the case but present case is a case of circumstantial evidence and there is no eye-witness account and in the present matter, applicant is in jail for last more than two years and till date, out of 30 witnesses of the charge sheet, only 6 witnesses could be examined. Therefore, there is no hope of early disposal of trial. 9. Further, from the record, it reflects, as per allegation, applicant was having illicit relationship with co-accused Pradeep Nishad and co-accused Pradeep Nishad has already been released on bail by co-ordinate Bench of this Court and his bail order has been annexed along with the instant bail application. 10. Further, applicant is lady and she is not having any criminal history. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Mamta 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. 14. 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. 15. 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 :- 7.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad