Neutral Citation No. - 2025:AHC:73963 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7197 of 2025 Applicant :- Smt Sudha Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Dev Singh,Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- Chandra Shekhar Kushwaha,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Zafar Abbas, learned counsel for the applicant, Sri Chandra Shekhar Kushwaha, learned counsel for the informant and Sri Manoj Kumar Singh, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 403 of 2024, under Sections 103(1), 3(5) BNS, Police Station- Kanth, District- Moradabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person by the husband of the deceased and during investigation, applicant, who was devrani of the deceased, has been made accused in the present matter. 4. He further submitted that name of the applicant was surfaced in the present matter through the statement of one witness Sanjay and his statement has been annexed at page no. 39 of the paper book and from perusal of his statement, it reflects, he witnessed the applicant on the date of incident while she was entering in the room, where dead body of the deceased was recovered but his statement prima facie does not appear to be convincing. 5. He further submitted that however, as per prosecution, applicant along with two others committed the murder of the deceased, who was her jethani, and before and after the incident she had made mobile conversation with them on number of occasions but merely on this basis at this stage, it cannot be said that applicant involved in commission of present crime. He further submitted that except the above evidence, there is no other evidence against the applicant. 6. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 15.10.2024 i.e. for last more than six months. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however, applicant is not named in the FIR but during investigation, when the statement of sanjay was recorded then her involvement was revealed in the present matter and there is also evidence that she had made mobile conversation number of times with co-accused before and after the incident, therefore, at this stage, it cannot be said that applicant is innocent. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and nobody was named in the FIR but during investigation, through the statement of witness Sanjay, applicant, who was devrani of the deceased, has been made accused but after considering the statement of witness Sanjay, this Court finds merit in the argument advanced by learned counsel for the applicant that his statement does not appear to be convincing. 10. Further, apart from the statement of witness Sanjay, as per prosecution, applicant had made number of conversation with other co-accused before and after the incident but this Court also finds merit in the argument advanced by learned counsel for the applicant that at this stage merely on the basis of above conversation, it cannot be said that applicant committed the murder of the deceased along with other accused. 11. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 15.10.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Smt Sudha 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. 15. 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. 16. 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 :- 7.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad