Neutral Citation No. - 2025:AHC:86714 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16660 of 2025 Applicant :- Smt. Kapoori Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Satya Prakash Rathor Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashish Pandey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in FIR No. 1398 of 2024, under Sections 103(1) BNS, Police Station Indrapuram, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the wife of deceased and during investigation, she has been roped in the present matter on the basis of the statement of co-accused Jay Kumar and as per prosecution, she was having illicit relationship with co-accused Jay Kumar, therefore, she alongwith co-accused committed murder of her husband but entire allegations levelled against the applicant are totally false. 4. He further submitted that even except the statement of co- accused and confessional statement of the applicant, before the police, there is no cogent and admissible evidence against the applicant on record. 5. He further submitted that even if applicant was having extra marital affair with co-accused, then also it cannot be presumed that she committed the murder of her husband. 6. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 1.2.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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, applicant is wife of the deceased and as per allegation, she was having illicit relationship with co-accused Jay Kumar and therefore, she alongwith co-accused committed murder of her husband but it reflects, except the statement of the co-accused and confessional statement of the applicant before the police, there is no other evidence against the applicant on record. 10. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that even if wife of the deceased was having extra marital affair with co-accused then also it cannot be presumed that she committed the murder of her husband. 11. Further law is settled that however, strong is suspicion but it cannot take place of proof. 12. Further, law is also settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 13. Further, applicant is lady and she is having no criminal history and she is in jail in the present matter since 1.2.2025 i.e. for more than three 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. Kapoori Devi, 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 :- 22.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad