Neutral Citation No. - 2025:AHC:77947 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13932 of 2025 Applicant :- Nazama Opposite Party :- State of U.P. Counsel for Applicant :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Kalim, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 651 of 2024, under Sections 103(1), 238(B), 3(5) B.N.S., Police Station Deoband, District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with others and she is Bhabhi of the deceased but it appears on the basis of suspicion she has been roped in the present matter along with others. 4. He further submits, there is no eye witness account and entire case is based on circumstantial evidence and except suspicion there is no cogent circumstance against the applicant on record. 5. He further submits, at the time of incident, applicant was pregnant and she also delivered a child while she was in custody and child is also detained in jail along with her. 6. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 27.11.2024 i.e. for almost six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it appears to be a case of honor killing and applicant is Bhabhi of the deceased but it appears, except the bald and verbal allegation and suspicion there is no cogent evidence on record. 10. Further, applicant is a lady and it reflects, at the time of alleged incident she was pregnant and while she was in custody she delivered a child and her child is also detained along with her in the jail. 11. Further, applicant is not having any criminal history and in the present matter she is in jail since 27.11.2024 i.e. for almost six months. 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 - Nazama 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 his 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 him 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 :- 13.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad