Neutral Citation No. - 2025:AHC:79958 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15236 of 2025 Applicant :- Husnbano Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.,Suneel Kumar Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicant; Sri Suneel Kumar Mishra, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 185 of 2024, under Section 103(1), 238(a) & 3(5) BNS, Police Station Kemri, District Rampur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, it is a case in which four years old boy has been brutally murdered but it is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter and except confessional statement of the applicant and statement of the co- accused and the fact that half burnt shawl of the applicant was recovered from the place of incident, there is no other evidence against the applicant on record. 4. He further submitted that merely on the basis of above evidence, at this stage, it cannot be said that applicant committed murder of the deceased. He further submitted that applicant who is lady has not any direct motive to commit the murder of the deceased. 5. He further submitted that applicant is having no criminal history and she is in jail in the present matter since 15.2.2025. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that it is a case in which a four years old boy has been brutally murdered and his dead body was found in a drain in pieces but as far as evidence available against the applicant is concerned, they could not dispute the arguments 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, it is a case in which grand son of the informant has been brutally murdered and his dead body was found from a drain but it reflects that it is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter. 9. It further reflects that except confessional statement of the applicant and statement of the co-accused recorded before police and the fact that half burnt shawl of the applicant was found near the place of incident, there is no other evidence against the applicant on record. 10. This Court finds merit in the argument advanced by learned counsel for the applicant that prima facie, merely, on the basis of above evidence, at this stage, it cannot be said that applicant committed the murder of the deceased, considering the fact that confessional statement of applicant and statement of co-accused before the police are not admissible evidence. 11. Further, it is a case of circumstantial evidence and there is no direct motive against the applicant. 12. Further, applicant is lady and she is having no criminal history and she is in jail in the present matter since 15.2.2025. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 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-Husnbano, 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 :- 15.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad