Neutral Citation No. - 2025:AHC:19178 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46532 of 2024 Applicant :- Smt Jyoti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Pathak, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 213 of 2024, under Sections 108 B.N.S., Police Station Kotwali Chandpa, District Hathras during pendency of the trial. 3. FIR of the present case was lodged against applicant and co- accused Sanni and according to the FIR marriage of the applicant was solemnized with the son of the informant in the year 2011 but subsequently applicant developed illicit relationship with co- accused Sanni and she left her matrimonial home along with her paramour and due to this reason, her husband i.e. son of the informant committed suicide. 4. Learned counsel for the applicant submits, applicant is the wife of the deceased and FIR of the present case was lodged after about one month from the date of alleged incident. 5. He further submits, however, as per allegation, applicant was having illicit relationship with co-accused Sanni and she had gone along with him, therefore, her husband committed suicide but entire allegation leveled against the applicant is totally false and applicant never left her matrimonial home. 6. He further submits, there is no cogent evidence of abatement against the applicant and applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 23.10.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant, who was wife of the deceased developed illicit relationship with co-accused Sanni and had left her matrimonial home, therefore, her husband i.e. son of the informant committed suicide but FIR of the present case was lodged after about one month. 10. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant as even if, allegation of illicit relationship of the applicant with co-accused Sanni is accepted then also it cannot be said that due to the abatement of the applicant deceased committed suicide. 11. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 23.10.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Smt Jyoti 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. 15. 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. 16. 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 :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad