Neutral Citation No. - 2025:AHC:91285 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13560 of 2025 Applicant :- Shivpati Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sharad Saran Srivastava, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 399 of 2023, under Sections 302, 201 I.P.C., Police Station- Manjhanpur, District- Kaushambi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the informant of the case and she herself lodged the FIR against one Abhay and others with regard to the enticement of her daughter aged about 15 years but during investigation, after the recovery of the dead body of the daughter of the applicant, she herself has been made accused in the present matter on the ground that as deceased i.e. daughter of the applicant had love affair with Abhay, therefore, she along with other family members committed her murder but entire allegations levelled against the applicant is totally false and there is no cogent evidence against the applicant, which can suggest that applicant committed the murder of her own daughter. 4. He further submitted after considering the entire facts in detail, co-accused Meera, the daughter-in-law of the applicant, has already been released on bail by co-ordinate Bench of this Court and her bail order has been annexed as page 47 of the paper book and on facts, case of applicant is at par with her. 5. He further submitted that applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 30.10.2023 i.e. for last more than one and a half year. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is the mother of the deceased and as per allegation, as her daughter had love affair with one Abhay, therefore, she along with other family members committed her murder but it reflects, applicant herself was the informant of the case and during investigation, she has been made accused in the present matter. 9. Further, however, as per prosecution, it is a case of honor killing but it reflects except suspicion and confessional statement of the applicant and statements of the other accused persons before the police, there is no cogent and admissible evidence against the applicant. 10. Further, co-accused Meera, the daughter-in-law of the applicant, has already been released on bail by a co-ordinate Bench of this Court and on facts, case of the applicant is at par with her. 11. Further, applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 30.10.2023 i.e. for last more than one and a half year. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Shivpati 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. 15. 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. 16. 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 :- 27.5.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad