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2025 DAILYLAW 26016 (ALL)

SMT. INDRA v. STATE OF U.P.

BAIL/7921/2025 · 2025-03-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32112 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7921 of 2025 Applicant :- Smt. Indra Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Atul Kumar, learned Advocate submits, today he filed his power on behalf of the informant in the Registry of this Court, therefore, his name is not shown in the cause list. However, he submits, he is ready to argue the case. 2. Heard Sri Umesh Kumar, learned counsel for the applicant, Sri Atul Kumar, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 171 of 2024, under Sections 103(1), 238, 61(2) B.N.S., Police Station Ratanpuri, District Muzaffar Nagar during pendency of the trial. 4. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation applicant who was wife of the deceased has been made accused in the present matter on the ground that she was having illicit relationship with co-accused Tahir and Anees and she along with them committed the murder of her husband but entire allegations leveled against the applicant is totally false and there is no cogent evidence against her on record except the evidence of last seen and after considering the entire facts of the case including the evidence of last seen co-accused Tahir has been released on bail and his bail order has been annexed at page-47 of the paper-book and on facts case of applicant is exactly at par with him. 5. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 16.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the fact that it is a case of circumstantial evidence and co- accused Tahir has been released on bail and on facts case of applicant is at par with him. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and it appears, during investigation applicant, who was wife of the deceased has been made accused in the present matter along with co-accused Tahir and co-accused Tahir has been released on bail by this Court and on facts case of applicant is exactly at par with him. 9. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 16.11.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Smt. Indra 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 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. 13. 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. 14. 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 :- 6.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad