Neutral Citation No. - 2025:AHC:131678 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24141 of 2025 Applicant :- Usha Devi Alias Tara Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav,Bheshaj Puri Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State Respondent and perused the record. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.121 of 2024, under Section 302 IPC and section 4/25 Arms Act, Police Station Kasimabad, District Ghazipur during pendency of the trial. 3. FIR of the present case was lodged on 03.06.2024 against the unknown person and according to FIR on 02.06.2024 some unknown person committed the murder of the brother of informant by causing injury to him through sharped edged weapon. 4. Learned counsel for the applicant submits that nobody was named in the FIR but during investigation applicant has been made accused in the present matter on the ground that the applicant was having illicit relationship with the co-accused Abhishek Kumar. The applicant is the wife of the deceased and has no connection in the murder of her husband. He further submits that except suspicion and recovery of sharp edged weapon alleged to have been used in crime, there is no other evidence against the applicant on record. 5. He further submits that from perusal of the recovery memo it reflects that the alleged recovery of sharp edged weapon was made on the pointing out of the co-accused from such a place which was accessible to all and therefore, merely on the basis of recovery of weapon applicant cannot be held liable for murder of the deceased. It is further submitted that on the similar footing the co-accused Abhishek Kumar has been granted bail by the Court vide order dated 10.01.2025 passed in Criminal Misc. Bail Application No. 46032 of 2024, therefore, the applicant is also entitled to be released on bail.He further submits that applicant is not having any criminal history and in the present matter applicant is in jail since 08.06.2024. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument 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. It is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter and recovery of sharp edged weapon alleged to have been used in crime was made on the pointing out of the co-accused and it reflects that except the confessional statement of the applicant and recovery of weapon there is no other evidence against the applicant on record. 9. From perusal of the recovery memo it reflects that the alleged recovery of sharp edged weapon was made on the pointing out of the applicant from such a place which was accessible to all and considering this facts the arguments advanced by the learned counsel for the applicant in this regard cannot be completely brushed aside at this stage. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.06.2024. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant Usha Devi Alias Tara, 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 will not indulge in any criminal and anti-social activity. 12. 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. 13. 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 :- 5.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad