Neutral Citation No. - 2025:AHC:66361 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5380 of 2025 Applicant :- Rozi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Yadav, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 283 of 2024, under Section 306 IPC, Police Station Kotwali, District Fatehpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is wife of the deceased and as per allegation she was having illicit relationship with co-accused Arvind and due to this reason very often dispute arose between husband and wife and on 4.4.2024 due to this reason her husband committed suicide but entire allegations levelled against the applicant are totally false. 4. He further submitted that admittedly deceased i.e. husband of the applicant committed suicide on 4.4.2024 but FIR was lodged on 17.6.2024 on the application dated 18.4.2024, therefore, even application was moved by the informant after two weeks. 5. He further submitted that however entire allegations of illicit relationship of the applicant with the co-accused are totally false but if the same are accepted then also it cannot be said that due to the abetement of the applicant her husband committed suicide. 6. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 14.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments 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 was having illicit relationship with co-accused Arvind, therefore, her husband committed suicide but it reflects that FIR of the present case was lodged after more than two months through the application dated 18.4.2024 and even application dated 18.4.2024 was moved after two weeks, therefore, there is inordinate delay in lodging the FIR. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that if wife of a deceased was having illicit relationship with another then at the stage of bail, it cannot be said that due to her abetement deceased committed suicide. 10. Further, applicant is lady, she is having no criminal history and she is in jail in the present matter since 14.11.2024. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Rozi 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 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 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. 14. 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. 15. 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 :- 29.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad