Neutral Citation No. - 2025:AHC:77520 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6378 of 2025 Applicant :- Smt. Nidhi Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Vaibhav Gupta Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Singh Sengar, learned counsel for the applicant, Sri Vaibhav Gupta, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.352 of 2024, under Sections 108 and 308(5) BNS, Police Station Kabrai, District Mahoba during pendency of the trial. 4. Learned counsel for the applicant submits that as per allegation, applicant, who is lady, made illicit relationship with the deceased and thereafter on the basis of his obscene video, she along with her husband started blackmailing him and due to this reason he committed suicide but entire allegation levelled against her is totally false. 5. He further submits that during investigation no such obscene video of the applicant and deceased could be recovered. 6. He further submits that however, entire allegations levelled against the applicant is totally false but even if the allegations are accepted then also it cannot be said that due to abetment of the applicant deceased committed suicide. 7. He further submits that even deceased was an adult male and he knew the consequences of developing illicit relationship with a married lady. 8. He further submits applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 29.11.2024, i.e., for the last more than five months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant along with her husband duped the deceased and firstly she developed illicit relationship with him and thereafter started blackmailing him along her husband and, therefore, deceased had to commit suicide and considering all these facts, applicant should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant, who is major and married lady firstly developed illicit relationship with the deceased and thereafter started blackmailing him along with her husband on the basis of alleged obscene video but no such video is on record to substantiate this allegation. 12. Further, admittedly deceased was adult male and considering this fact the argument advanced by the learned counsel for the applicant that even if applicant was having illicit relationship with the deceased and due to this reason deceased committed suicide then also it cannot be said that due to abetment of applicant deceased committed suicide, cannot be ruled out at this stage. 13. Further, applicant is not having any previous criminal history and in the present matter she is in jail since 29.11.2024, i.e., for the last more than five months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Smt. Nidhi Singh 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. 17. 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. 18. 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 :- 13.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad