Neutral Citation No. - 2025:AHC:3495 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45798 of 2024 Applicant :- Smt Anita Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Lal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. At the very outset, learned counsel for the applicant submitted that due to mistake in the prayer clause of the instant bail application case crime number has been mentioned as 244 of 2024 in place of 224 of 2024 and therefore, he may be permitted to make necessary correction in the prayer clause of the instant bail application. 2. Learned AGA is having no objection. 3. In view of the above, learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the instant bail application, during the course of the day itself. 4. Heard Sri V. K. Ojha, Advocate holding brief of Sri Prashant Kumar Lal, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 5. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0224 of 2024, under Sections 103(1), 3(5) & 61(2) BNS, Police Station Kakod, District Bulandshahar, during pendency of the trial in the court below. 6. FIR of the present case was lodged by the son of the deceased with regard to his death against unknown person. 7. Learned counsel for the applicant submitted that applicant is wife of the deceased i.e. mother of the informant and during investigation, merely on the basis of suspicion she has been made accused in the present matter. 8. He further submitted that as per prosecution deceased i.e. husband of the applicant was having illicit relationship with some other lady and only due to this reason applicant alongwith his another son committed the murder of the deceased but except the bald and verbal allegation, there is no cogent evidence in this regard on record against the applicant. 9. He further submitted it is a case of circumstantial evidence and there is no direct evidence. 10. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 5.8.2024. 11. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. It reflects that applicant is wife of the deceased and during investigation, she has been made accused in the present on the ground that deceased i.e. her husband was having illicit relationship with some other lady but it appears, except the suspicion and motive, there is no cogent evidence against the applicant on record. 14. Further, applicant is lady and she is having no criminal history and she is in jail in the present matter since 5.8.2024 i.e. for more than five months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Smt Anita, 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 her 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 her 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. 18. 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. 19. 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 :- 8.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad