Neutral Citation No. - 2025:AHC:33580 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8219 of 2025 Applicant :- Kunti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajai Singh Kushwaha, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0234 of 2024, under Sections 103(1), 123, 238 BNS, Police Station- Nawabganj, District- Farrukhabad, 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 two persons (non-applicant) with regard to murder of grand son of the informant. 4. He further submitted that during investigation, after two days i.e. on 10.10.2024 father of the deceased moved an application that as applicant was having illicit relationship with him, therefore, she by administering poisonous substance to his son committed his murder and thereafter, applicant has also been made accused in the present matter. 5. He further submitted that except the bald and verbal allegation that applicant committed the murder of the deceased, there is no cogent evidence against the applicant on record. 6. He further submitted that however, as per prosecution, when applicant was arrested then on her pointing out one bottle of insecticide was recovered but merely on this basis, without any corroborative piece of evidence, it cannot be said that applicant involved in the present crime. 7. 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 10.10.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it appears, during investigation, applicant has been made accused in the present matter on the ground that she was having illicit relationship with the father of the deceased and apart from this fact, as per prosecution, when applicant was arrested then on her pointing out, one bottle of insecticide was recovered, which was used in commission of alleged crime and except the above evidences, there is no other evidence against the applicant on record. 11. This Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of above evidences, without any other corroborative piece of evidence, it is hard to believe that applicant committed the murder of the deceased. 12. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 10.10.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Kunti 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 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. 16. 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. 17. 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 :- 7.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad