Neutral Citation No. - 2025:AHC:29100 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7236 of 2025 Applicant :- Swati Soni Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamlesh Kumar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.265 of 2024, under Sections 103(1) and 61 (2) BNS, Police Station Kotwali, District Etawah during pendency of the trial. 3. FIR of the present case was lodged on 12.11.2024 against co- accused Mukesh Verma and according to the FIR, second marriage of named co-accused Mukesh Verma was solemnized with the sister of the informant in the year 2006 and on 11.11.2024 when, after receiving information, informant reached at her matrimonial home then found that her husband Mukesh Verma after committing murder of his sister and her three children ran away. 4. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation she has been made accused in the present matter on the ground that she was cousin sister of the first wife of co-accused Mukesh Verma and co- accused Mukesh Verma was having illicit relationship with her. 5. He further submits that however, entire allegation of illicit relationship of applicant with co-accused Mukesh Verma is totally false but even if it is accepted then also merely on this basis, it cannot be said that applicant also involved in commission of the present crime. 6. He further submits that record suggests that with the aid of Section 61(2) BNS applicant has been made accused in the present matter but even there is no cogent evidence of conspiracy against her. 7. He further submits that applicant is a lady and she is not having any previous criminal history and after investigation charge sheet has also been filed and in the present matter she is in jail since 20.11.2024, i.e., for the last more than three months. 8. Per contra, learned AGA opposed the prayer for bail and submits that it is a case of four murder in which co-accused Mukesh Verma eliminated his three children and wife as he was having illicit relationship with the applicant but he fairly conceded that except the allegation that applicant was having illicit relationship with co-accused Mukesh Verma, there is no other cogent evidence against her on record including evidence of conspiracy. 9. Learned AGA further could not dispute the fact that investigation has already been completed and applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail for the last more than three months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, it is a case of four murder but appears that applicant was not named in the FIR and during investigation she has been made accused in the present matter with the aid of Section 61(2) BNS. 12. Record further suggests that as per prosecution as named accused Mukesh Verma was having illicit relationship with the applicant, therefore, he committed the murder of his wife and his three children and it appears that except the allegation of illicit relationship of the applicant with co-accused Mukesh Verma, there is no other evidence against the applicant on record. This Court finds merit in the argument advanced by the learned counsel for the applicant that merely because applicant was having illicit relationship with co-accused Mukesh Verma, it cannot be said that she also involved in the present matter. 13. Further, investigation of the case has already been concluded and applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 20.11.2024, i.e., for the last more than three 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-Swati Soni 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 :- 3.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad