Neutral Citation No. - 2025:AHC:86367 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16611 of 2025 Applicant :- Smt. Laxami Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Khare,Raj Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raj Kumar Sharma, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.167 of 2024, under Sections 103(1), 3(5), 238, 317(2), 61(2) and 315 BNS, Police Station Raksa, District Jhansi during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is the wife of the deceased and she was not named in the FIR but during investigation she has been made accused in the present matter on the ground that she was having extra marital affair with named co- accused Kamlesh. 4. He further submits that except suspicion and confessional statement of the applicant and statement of co-accused before the police, there is absolutely no evidence against the applicant on record. 5. He further submits that applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 14.7.2024, i.e., for the last more than ten months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the 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 wife of the deceased and as per allegation she was having illicit relationship with named co- accused Kamlesh, therefore, she along with other accused committed the murder of her husband but it appears that except suspicion and confessional statement of the applicant and statements of the co-accused before the police, there is no other cogent and admissible evidence against the applicant on record. 9. Further, applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since July, 2024, i.e., for the last more than ten months. . 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Smt. Laxami 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. 13. 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. 14. 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad