Neutral Citation No. - 2025:AHC-LKO:6621 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12497 of 2024 Applicant :- Shanti Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shafaq Fatima Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. In terms of the F.I.R., it was alleged that the son of the informant had gone alongwith the daughter-in-law who is also the accused no.2 and subsequently, the son of the informant was found dead and apprehension was expressed that the wife of the deceased alongwith her friend had committed the offence. The applicant was apprehended and linked with the offence on 11.3.2023. Based upon the statement wherein the villagers had stated that the husband of the co-accused and the deceased used to drink a lot and there used to be a fight in between the husband and the wife and on the said date, said witnesses had seen the wife going alongwith the deceased and co-accused. There is no eye witness to the incident. Based upon call details records wherein the two accused were talking to each each, the applicant was linked with the offence in question. 3. Learned counsel for the applicant has drawn my attention to the post mortem report which indicates the cause of death as ante mortem strangulation and apart from the ligature mark, two contusion injuries were also seen on the face and the head of the deceased. It is further argued that there is no evidence to categorically link the applicant with the offence in question and the trial has not even started. He has further submitted that the similarly placed co-accused, namely, Chandra Kishore Kushwaha has been granted bail by this Court in Criminal Misc. Bail Application No. 1350 of 2024 vide order dated 25.09.2024. He further argued that the applicant is in custody since 11.3.2023 having no criminal history, hence he may be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail by arguing that the call details records as well as the statement clearly implicate the applicant with the offence in question. 5. In the present case, statement of the victim who had last seen the applicant alongwith the deceased and the C.D.R. which only demonstrates that the applicant was talking with the co accused are prima facie, not enough to keep the applicant in custody more so when the applicant is languishing in jail since 11.3.2023 has no criminal history and the trial has not even started further similarly placed co-accused, namely, Chandra Kishore Kushwaha has been granted bail by this Court in Criminal Misc. Bail Application No. 1350 of 2024 vide order dated 25.09.2024, as such I am of the view that the applicant is entitled to be released on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Shanti be released on bail in FIR/ Case Crime No.0132 of 2023, under Section 302 I.P.C., Police Station Sursa. District Hardoi on his furnishing personal bonds and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 30.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench