Neutral Citation No. - 2025:AHC:39367 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9150 of 2025 Applicant :- Smt. Dilshana Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Gautam Counsel for Opposite Party :- G.A.,Mohd. Kamar Shah Alam Hon'ble Sameer Jain,J. 1. Heard Sri Sushil Kumar Tiwari, Advocate holding brief of Sri Manoj Kumar Gautam, learned counsel for the applicant; Sri S.P. Gupta Advocate holding brief of Sri Mohd. Kumar Shah Alam, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 445 of 2024, under Sections 103(1), 61(2) BNS, Police Station Nazibabad, District Bijnor, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, applicant who was wife of the deceased has been made accused in the present matter through the statement of the co-accused Javed Ali on the ground that she was having illicit relationship with co-accused Javed Ali and she committed the murder of her husband alongwith co- accused Javed Ali. 4. He further submitted that except confessional statement of the applicant and statement of the co-accused, there is no other cogent evidence against the applicant on record. 5. He further submitted that applicant is lady, she is having no criminal history and she is in jail in the present matter since 29.8.2024 i.e. for last more than six months. 6. Per contra, learned AGA as well as learned counsel for the informant, opposed the prayer for bail and submitted that applicant is wife of the deceased and as she was having illicit relationship with co-accused Javed Ali, therefore, she alongwith him committed the murder of her husband but could not dispute the fact that it is a case of circumstantial evidence and except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 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 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 Javed Ali and she alongwith him committed the murder of her husband but it reflects except the statement of co-accused Javed Ali and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 9. Further, applicant is lady, she is having no criminal history and she is in jail in the present matter since 29.8.2024 i.e. for last more than six months. 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. Dilshana, 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. 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 :- 19.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad