Neutral Citation No. - 2025:AHC:76500 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14600 of 2025 Applicant :- Smt. Omwati Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pankaj Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2025, under Sections 108 and 238-Kha BNS, Police Station Bilsi, District Budaun, during pendency of the trial. 3. Learned counsel for the applicant submits that however, technically this is second bail application filed on behalf of the applicant but his first bail application has not been decided on merit and the same was dismissed as withdrawn. . 4. He further submits that applicant is the wife of the deceased and however, initially FIR of the present case was lodged against unknown persons under Section 103(1) BNS but during investigation when it was found that actually deceased committed suicide then case was converted under Section 108 BNS. 5. He further submits that as per the brother of the deceased applicant used to harass the deceased, therefore, he committed suicide. He next submits that although entire allegations levelled against the applicant are false but even if the allegations are accepted then also it cannot be said that due to abetment of applicant deceased committed suicide. 6. He further submits that actually due to matrimonial dispute arose between husband and wife deceased committed suicide. 7. He further submits that applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 7.2.2025. 8. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, this is second bail application filed on behalf of the applicant but it reflects that first bail application of the applicant was dismissed as withdrawn. 11. Further, however, as per the prosecution applicant is the wife of the deceased and deceased committed suicide due to her harassment but considering the nature of allegation levelled against the applicant the argument advanced by the learned counsel for the applicant that even if allegations are accepted then also it cannot be said that due to the abetment of the applicant deceased committed suicide cannot be ruled out at this stage. 12. Further, applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 07.2.2025. 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-Smt. Omwati 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 :- 12.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad