Neutral Citation No. - 2025:AHC:73182 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7118 of 2025 Applicant :- Pushpa Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Sangam Lal Kesharwani Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant; Sri Sangam Lal Kesharwani, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 269 of 2024, under Sections 306 IPC, Police Station Civil Lines, District Rampur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant is wife of the deceased and as per allegation she was having illicit relationship with named co-accused Nirmesh @ Pramod and on 19.52025 she instigated her husband to commit suicide and thereafter he committed suicide but entire allegation level against the applicant is totally false. 5. He further submitted that admittedly deceased i.e. husband of the applicant committed suicide on 19.5.2024 but FIR of the present case was lodged on 31.5.2024 i.e. after 12 days and this delay itself shows that it is nothing but bundle of false facts. 6. He further submitted that except bald and verbal allegation that applicant was having illicit relationship with co-accused Nirmesh @ Pramod, there is no cogent evidence in this regard on record. 7. He further submitted that even no charge sheet was filed against the named co-accused Nirmesh @ Pramod and however, charge sheet has been filed against the applicant. 8. He further submitted that actually on the date of incident some matrimonial dispute arose between applicant and deceased and thereafter deceased assaulted upon the applicant and turned her out from his home and thereafter, committed suicide. He next submitted that there is absolutely no cogent evidence except the verbal allegation that due to the abetment of the applicant deceased committed suicide. 9. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 11.1.2025. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that even from the FIR itself it reflects that there is cogent evidence of abetment against the applicant as on the date of incident, deceased instigated her husband to commit suicide but could not dispute the fact that there is delay of 12 days in lodgement of FIR of the present case and applicant is lady. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation due to the abetment of the applicant who is wife of the deceased her husband i.e. deceased committed suicide but after perusing entire material available on record, prima facie, arguement advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant appears to be convincing one. 13. Further, applicant is lady and there is also delay of 12 days in the lodgement of the FIR of the present case and she is having no criminal history and she is in jail in the present matter since 11.1.2025. 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-Pushpa, 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 :- 7.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad