Neutral Citation No. - 2025:AHC:33024 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8121 of 2025 Applicant :- Smt Archana Devi Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Alok Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.363 of 2024 (Sessions Trial No.1036 of 2024), under Section 306 IPC, Police Station Khurja Nagar, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is the mother of the deceased. It is further submitted, initially FIR of the present case was lodged under Section 302 IPC but when it was revealed that actually deceased committed suicide then case was converted under Section 306 IPC. 4. He further submits that as per prosecution applicant was having illicit relationship with co-accused Satendra Solanki @ Kalu and deceased being her son opposed their relationship, therefore, he committed suicide but entire allegation made against the applicant is totally false and baseless. It is further submitted, even there is no cogent evidence of abetment against the applicant on record. 5. He further submtis that co-accused Satendra Solanki @ Kalu has been released on bail by Coordinate Bench of this Court vide order dated 24.10.2024 passed in Criminal Misc.Bail Application No. 35324 of 2024. 6. He further submits that applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 6.6.2024, i.e., for almost nine months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record it reflects that initially FIR of the present case was lodged under Section 302 IPC but during investigation when it was revealed that actually son of the applicant committed suicide then case was converted under Section 306 IPC. 10. Further, however, as per prosecution applicant was having illicit relationship with co-accused Satendra Solanki @ Kalu and deceased being her son opposed their relationship and due to illicit relationship of the applicant, he committed suicide, but considering the material available on record this Court finds merit in the argument advanced by the learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record. 11. Further, co-accused Satendra Solanki @ Kalu has already been released on bail by Coordinate Bench of this Court. 12. Further, applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 6.6.2024, i.e., for the last more than nine months. 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- Smt. Archana 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 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. 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad