Neutral Citation No. - 2025:AHC:131679 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24215 of 2025 Applicant :- Smt Babita Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State Respondent. 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.19 of 2025, under Sections 103(1) and 61(2) BNS, Police Station Hashanpur, District J. P. Nagar (Amroha) during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR along with co-accused Shahnawaz and Babita and Rehan but it is a case of circumstantial evidence and there is no eye witness account and it reflects that informant was having suspicion that the applicant Babita, the wife of the deceased was having illicit relationship with Shahnawaz and Rehan, therefore, he disclosed the name of applicant in the FIR along with others. 4. He further submits that entire prosecution case is based on evidence of last seen which allegedly given by witness Mahendra Singh and Narendra Kumar, who were close relatives of the deceased but their statements recorded during investigation which have been annexed along with the instant bail application do not appear to be reliable and no reliance can be placed on such version. He further submits that except the above evidence of last seen and confessional statement of the applicant and statements of the co-accused recorded before the police there is no other evidence against the applicant on record. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 22.01.2025. It is further submitted that on the similar footing the co-accused Shahnawaz has been granted bail by the Court vide order dated 22.05.2025 passed in Criminal Misc. Bail Application No. 16646 of 2025, therefore, the applicant is also entitled to be released on bail. 5. Per contra, learned AGA opposed the prayer for bail but could not raised submissions forwarded by learned counsel for the applicant. 6. They further submitted that it is a case in which Shahnawaz and Rehan along with the applicant Babita, who was the wife of the deceased, committed the murder of the deceased as Shahnawaz and Rehan were having illicit relationship with the wife of the deceased and, therefore, considering the totality of the facts and circumstances of the case, the instant bail application should be dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is named in the FIR but it is a case of circumstantial evidence and admittedly there is no eye witness account. Further except the evidence of last seen and the statements of co-accused and confessional statement of applicant before the Police, there is no other evidence against the applicant on record. 9. Further, as far as evidence of last seen is concerned, however two prosecution witnesses, namely, Mahendra Singh and Narendra Kumar tried to give evidence of last seen but this Court finds merit in the argument advanced by the learned counsel for the applicant that their statements do not appear to be convincing. Further, even FIR of the present case was lodged after ten days. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 22.01.2025. 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, Smt Babita, 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. 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