Neutral Citation No. - 2025:AHC:13906 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44336 of 2024 Applicant :- Smt Poonam Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant-accused, learned A.G.A for the State and perused the material brought on record. 2. The present bail application has been filed on behalf of the applicant in Session Trial No. 421 of 2021, arising out of Case Crime No. 0012 of 2021, under Section - 302 I.P.C., Police Station - Dauki, District - Agra, with the prayer to enlarge the applicant-accused on bail. 3. It is submitted by learned counsel for applicant that applicant is innocent and she has been falsely implicated in this case. Applicant is wife of the deceased. As per prosecution version, applicant was having illicit relations with co-accused Soni, which was being opposed by the deceased, and he was murdered due to that reason. Learned counsel submitted that the allegation that applicant was having any illicit relation with co-accused Soni is wholly false. In this connection, statement of informant/P.W.-1 recorded before the trial court was referred and it was submitted that applicant has absolutely no motive to commit the murder of deceased. Further, the alleged incident did not take place inside the house. There is no eye-witness of the alleged incident and case is based on circumstantial evidence. Though, bail application of co-accused Soni has already been rejected by this Court but the role of applicant is distinguished from said co-accused Soni. 4. It is further submitted that applicant is in jail since 26.01.2021 and thus, she has already undergone the detention of four years and during trial only two witnesses have been examined so far. It was stated that applicant has three minor children and the presence of applicant is required to look after them. The applicant has no criminal history. Lastly, it was submitted that applicant is a lady and in case the applicant-accused is released on bail, she will not misuse the liberty of bail and will co-operate in trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is wife of the deceased and she was having illicit relations with co-accused Soni and deceased was murdered due to that reason and that bail application of co-accused Soni has already been rejected by this Court. 6. Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts, particularly the fact that applicant is a lady and she has already undergone the detention of four years and that she has three minor children, without expressing any opinion on merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Smt Poonam involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 27.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad