Neutral Citation No. - 2025:AHC:82090 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13916 of 2025 Applicant :- Smt. Anjali Alias Pooja Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raj Kumar Mishra, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 113 of 2024, under Sections 333, 351(3), 103(1) BNS, Police Station Ushrahar, District Etawah, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case in which applicant is the informant of the case and she herself lodged FIR of the present case against four persons with regard to murder of her husband but subsequently, she herself has been made accused in the present matter on the ground that she was having illicit relationship with one Rahul and she alongwith Rahul and co- accused Vikas committed murder of her husband but entire allegation levelled against the applicant is totally false. 4. He further submitted that entire prosecution story is based on statements of children of the informant i.e. applicant and however, they in their statements stated that applicant was having friendship with co-accused Rahul and on the date of incident, she alongwith co-accused Rahul and Vikas committed murder of their father but their statements were recorded after two and half months and this fact clearly suggests that after two and half months on the instigation of other family members they started making allegation against the applicant. 5. He further submitted that in fact applicant was not having any illicit relationship with co-accused Rahul and Rahul was adopted son of her husband i.e. deceased. 6. He further submitted that even co-accused Vikas has been released on bail by the co-ordinate bench of this Court vide order dated 20.3.2025 passed in Crl. Misc. Bail Application No. 2118 of 2025 and considering the statements of alleged eye witnesses i.e. son and daughter of the applicant and deceased, case of applicant is at par with him. 7. He further submitted that applicant is lady, she is having no criminal history and she is in jail in the present matter since 18.11.2024 i.e. for last six months. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant after committing murder of her husband alongwith two co-accused lodged false FIR and when this fact was revealed during investigation then she has been made accused in the present matter. 9. He further submitted that daughter and son of the applicant are the eye-witnesses and they stated that on the date of incident, applicant, co-accused Rahul and Vikas were making assault upon the deceased but he could not dispute the fact that statements of these witnesses were recorded after two and half months and after considering entire facts of the case, co-accused Vikas has already been released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case in which informant of the case i.e. applicant during investigation has been made accused on the ground that she was having illicit relationship with Rahul and she alongwith Rahul and co-accused Vikas eliminated her husband and therefore, lodged false FIR but it reflects only cogent evidence against the applicant was the statements of her children who stated that on the date of incident, they witnessed that applicant, co-accused Rahul and Vikas were making assault upon their father but unfortunately their statements were recorded after two and half months and learned AGA could not provide any plausible explanation in this regard. 12. Further, after considering entire facts in detail co-accused Vikas has already been released on bail by this Court and case of applicant is at par with him as far as allegation of assault is concerned. 13. Further, applicant is lady, she is not having any previous criminal history and in the present matter, applicant is in jail for last six months. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Smt. Anjali Alias Pooja, 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. 17. 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. 18. 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 :- 17.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad