Neutral Citation No. - 2025:AHC:78547 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8639 of 2025 Applicant :- Manisha Opposite Party :- State of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Bindu Kumari, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 260 of 2024, under Sections 302,201 and 34 IPC, Police Station Sector-113, Noida, District Gautam Buddh Nagar during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against unknown persons after recovery of the dead body of one unknown person but during investigation it was found that actually deceased was the husband of the applicant and during investigation it also revealed that applicant was having illicit relationship with one Pankaj and thereafter on the basis of this information applicant has been made accused in the present matter. 4. He further submits that except suspicion and confessional statement of the applicant and the statements of co-accused persons, there is no cogent evidence against the applicant on record. 5. He further submits that applicant was neither having any illicit relationship with anyone nor she involved in commission of the present crime. 6. He next submits that admittedly dead body of the deceased was found in a drain and there is no evidence that applicant was either accompanied him or she made any assault upon him. 7. He further submits that except surmises and conjectures there is no cogent evidence against the applicant on record. 8. He further submits that applicant is not having any previous criminal history and in the present matter she is in jail since 6.8.2024, i.e, for the last more than nine months. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter on the ground that she was having illicit relationship with one co-accused Pankaj and she along with him committed the murder of the deceased, who was her husband but it reflects that except bald and verbal allegation there is no cogent evidence in this regard on record. 12. Further, applicant is a lady and she is not having any previous criminal history and in the present matter he is in jail since 06.8.2024, 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-Manisha 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 :- 13.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad