Neutral Citation No. - 2025:AHC:64769 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12913 of 2025 Applicant :- Smt. Tarteela Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri Rajeev Kumar Saini, Advocate appears on behalf of the first informant and submits that he has filed his vakalatnama in the office today i.e. 28.04.2025. The same is not on record. 3. Office to trace out the same and place it on record and make a note in the order sheet about it. 4. Heard Sri Shashi Kumar Mishra, learned counsel for the applicant, Sri Rajeev Kumar Saini, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on record. 5. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Smt. Tarteela, seeking enlargement on bail during trial in connection with Case Crime No. 18 of 2025, under Sections 103(1) BNS, registered at Police Station Jalesar, District Etah. 6. The FIR of the matter was lodged on 12.01.2025 by Safi Mohammad against the applicant and one other describing her as lover of the applicant being unknown person with the allegation that he and his brother Aash Mohammad were working in Punjab since many years for planting trees and its sale. On 10.01.2025 he and his brother Aash Mohammad came back to the village and after having dinner they went to their house to sleep. In the night at about 11:17 pm Smt. Tarteela the applicant and wife of Aash Mohammad called his cousin brother on phone and told him that her husband is not waking up and is neither speaking after which he heard the crying sounds and then they ran to the house and got the door opened from Tarteela and found that Aash Mohammad was lying unconscious on the cot. He was taken to the hospital where the doctors declared him dead. The murder of his brother has been done by Tarteela and her lover as she was having illicit relationship with him since before. An information about the said illicit relationship was previously given on 25.09.2024 at Kotwali Jalesar. FIR be lodged and action be taken. 7. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the wife of the deceased who has been falsely implicated in the present case. It is submitted that the incident in the present matter is alleged to have taken place on 10.01.2025 but the FIR has been lodged on 12.01.2025 which is after a delay of about two days for which there is no plausible explanation. It is further submitted that in the confessional statement the role of the applicant assigned is that of catching hold of the deceased whereas the role of murder is attributed to the co-accused, para 15 of the affidavit has been placed before the Court. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted and as such there are no chances of the applicant tampering with evidence. It is further submitted that there is no recovery of any incriminating material from the applicant or other co-accused, para 23 of the affidavit has been placed before the Court. It is further submitted that the applicant has two children aged about 6 years and two and half years who are now living with the grand parents. While placing para 27 of the affidavit it is submitted that the main accused has been granted bail by the concerned Sessions Judge, Etah. It is submitted that the applicant is a lady, para 25 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 13.01.2025. 8. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the FIR and wife of the the deceased. It is submitted that the deceased died in the house itself where the applicant was living with him and on the day and time of the incident was in the house who opened the door after the first informant and other persons reached there and found the deceased lying unconscious on the cot. It is submitted that the postmortem examination of the deceased shows a ligature mark on his body and the cause of death is asphyxia due to antemortem hanging. It is submitted that the case of co-accused Sani Sharma is distinguishable with that of the applicant since co-accused who has been granted bail is alleged to be the person who was having illicit relationship with the applicant. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 9. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the FIR. The applicant is the wife of the deceased Aash Mohammad. She was present in the house when the incident took place as is evident from the fact that on her information the first informant and other persons on hearing cry reached there and then got the door of the house opened. The deceased died in the house when the applicant was present. There is no explanation from the side of the applicant regarding his death. Co-accused Sani Sharma who has been granted bail has a distinct role as that of the applicant. I do not find it a fit case for bail. 10. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 11. The bail application is, accordingly, rejected. Order Date :- 28.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad