Neutral Citation No. - 2025:AHC:52007 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6083 of 2025 Applicant :- Ruksana Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Kumar Upadhyay Counsel for Opposite Party :- G.A.,Prem Narayan Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajneesh Kumar Upadhyay, learned counsel for the applicant, Sri Prem Narayan Singh, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ruksana, seeking enlargement on bail during trial in connection with Case Crime No. 125 of 2024, under Section(s) 302, 120B I.P.C. registered at P.S. Baraut, District Baghpat. 4. First Information Report of the matter was lodged on 02.3.2024 by Irfan against the applicant and Hasim alleging therein that on 02.3.2025 at about 02.00 p.m. he was going to some place. When he reached near Badka Road Railway underpass he saw crowd collected and a dead body of a person was found lying in the ruins of a factory. He out of curiosity went there to see it and discovered it as that of his elder brother- Imran who had gone from the house for work in the morning. Ruksana the wife of the deceased/Imran was having illicit relationship with Hasim since long and they wanted to have nikah with each other but his brother Imran had refused to give talak to his wife/Ruksana. Ruksana in conspiracy with Hasim murdered his brother. A report be lodged and action be taken against the accused. 5. Learned counsel for the applicant submitted that the applicant is the wife of the deceased. It is submitted that there is no eye witness to the murder of the deceased and she has been falsely implicated in the case only on the ground of suspicion. It is submitted that co-accused Hasim has been granted bail by a co- ordinate Bench of this Court vide order dated 17.3.2025 passed in Criminal Misc. Bail Application No. 8755 of 2025, copy of the said order has been placed before the Court which has been taken on record. It is submitted that the applicant is a lady and is entitled to the benefit of Section 437 Cr.P.C. It is submitted that the applicant has no other criminal antecedents as stated in para-16 of the affidavit and is in jail since 03.3.2024. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail but could not dispute the argument of learned counsel for the applicant that there is no eye witness of the incident and the said co-accused Hasim has been granted bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is the wife of the deceased. There is no eye witness to the murder of the deceased. Her naming in the present incident is on the ground of suspicion only. Co-accused Hasim has been granted bail. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Ruksana, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C. (V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 9.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad