Neutral Citation No. - 2025:AHC:72023 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5695 of 2025 Applicant :- Smt. Anand Kumari @ Muskan Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Dinesh Kumar Singh, learned Advocate filed power on behalf of the informant, which is taken on record. 2. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant, Sri Dinesh Kumar Singh, learned counsel for the informant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.636 of 2024, under Sections 103(1), 126(2) and 3(5) BNS, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant was not named in the FIR but during investigation when the statement of the informant was recorded then he disclosed the name of the applicant and this fact suggests that on the basis of false allegation applicant, who is the wife of principal accused Prakash Sen, has been made accused in the present matter. 5. He further submits that however, as per alleged eye witness role of catching hold has been assigned to the applicant but it appears that only being wife of principal accused Prakash Sen, she has been made accused in the present matter. 6. He further submits that there is no allegation that applicant caused any injury to the deceased. 7. He further submits that applicant is lady and is not having any previous criminal history and in the present matter she is in jail since 23.7.2024, i.e., for the last more than nine months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, role of catching hold has been assigned to the applicant but it is a case in which deceased died due to knife injuries and, therefore, role of catching hold in such cases has its importance but they could not dispute the fact that applicant is not named in the FIR and informant during investigation disclosed her name and she is wife of the principal accused Prakash Sen, who allegedly inflicted knife injuries to the deceased. 9. 9. They further could not dispute the fact that applicant is not having any previous criminal history and in the present matter she is in jail for the last more than nine months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, it is a case in which as per allegation due to knife injuries caused by co-accused Prakash Sen deceased died and role of catching hold has been assigned to the applicant but it reflects that applicant was not named in the FIR and during investigation on the basis of the statement of the informant she has been made accused in the present matter and considering this fact coupled with the fact that she is wife of the principal accused, the argument advanced by the learned counsel for the applicant cannot be ruled out at this stage. 12. Further, applicant is a lady and there is no allegation that she caused any injury to the deceased. 13. Further, applicant is not having any previous criminal history to her credit and in the present matter she is in jail since 23.7.2024, i..e, for the last more than nine 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.Anand Kumari @ Muskan 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 her 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 :- 6.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad