Neutral Citation No. - 2025:AHC:90162 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17916 of 2025 Applicant :- Hafijunnisha Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.244 of 2024, under Sections 306, 504 I.P.C., Police Station Sonha, District Basti, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is wife of the deceased and as per allegation made in the FIR, she was having illicit relationship with co-accused Haidar and therefore, she alongwith him, committed the murder of her husband but during investigation when it was found that actually deceased committed suicide then case was converted under Section 306 I.P.C. 4. He further submits that except the bald and verbal allegations and suspicion, there is no cogent evidence against the applicant on record. 5. He further submits that even husband of the applicant died on 25.04.2024 but FIR of the present case was lodged on 25.09.2024 through an application u/s 156(3) Cr.P.C. and even application u/s 156(3) Cr.P.C. was moved on 19.06.2024 i.e. after almost two months and this delay in lodging the FIR of the present cases suggests informant cooked up a false story and lodged the FIR of the present case. 6. He further submits that applicant is a lady and she is having no criminal history and she is in jail in the present matter since 25.03.2025. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. From the record, it reflects, applicant is wife of the deceased and as per FIR, she was having illicit relationship with co- accused Haidar and therefore, she committed the murder of her husband alongwith him but it reflects, during investigation when it was found that actually deceased committed suicide then case was converted under Section 306 I.P.C. 10. Further, deceased died on 25.04.2024 but FIR of the present case was lodged on 25.09.2024 through an application u/s 156(3) Cr.P.C. and even application u/s 156(3) Cr.P.C. was moved on 19.06.2024 i.e. after almost two months and therefore, there is inordinate delay in lodgeing the FIR of the present case. 11. Further, even except bald and verbal allegations, it appears, there is no cogent and admissible evidence which can show that due to the abetment of the applicant, deceased committed suicide. 12. Further, applicant is a lady and she is having no criminal history and she is in jail in the present matter since 25.03.2025. 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- Hafijunnisha 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. 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 :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad