Neutral Citation No. - 2025:AHC:131712 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24257 of 2025 Applicant :- Madhu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki,Varsha Soni Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ram Chandra Solanki, learned counsel for the applicant; Sri Ajay Singh, learned AGA for the State-Respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 2 of 2025, under Sections 103(1), 238, 61(2), 3(5) BNS, Police Station Badhpura, District Etawah, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 05.01.2025 against applicant and others and and according to the FIR on 03.01.2025 at about 4:30 pm in the evening, Rohit and Rahul have taken the son of the informant from his house and on next day i.e. 04.01.2025 at about 9 am, his dead body was found near the road and as per the informant, applicant along-with other co-accused persons after committing his murder threw his dead body on the road. As per allegation, Rohit and Rahul have committed the murder of the deceased at the behest of the applicant. 4. Learned counsel for the applicant submitted that however, applicant is named in the FIR and as per allegation, Rohit and Rahul have taken the deceased and next day dead body of the deceased was found but entire allegation levelled against the applicant in the FIR, is totally false. He further submitted that on 03.01.2025 at about 4:30 pm in the evening his son i.e. deceased had gone to buy vegetables but his dead body is lying on the road and it appears he died due to road accident. He further submitted that it appears deceased died in road accident and next day FIR of the present case was lodged and this fact clearly suggests that FIR of the present case is based on false facts and no reliance can be placed on the allegation levelled in the FIR against the applicant. He further submitted that it is a case of circumstantial evidence and there is no cogent circumstance against the applicant which can connect him with the present crime. He further submitted that applicant is having no criminal history and she is in jail in the present matter since 06.01.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that there is specific allegation in the FIR against the applicant that Rohit and Rahul had taken the deceased and thereafter his dead body was found but they could not dispute the fact that FIR of the present case was lodged after two days and before lodgement of the FIR when on the information given by the informant, inquest was conducted then in that application, he stated that it appears his son died in a road accident. 6. I have heard learned counsel for the parties and perused the record of the case. 7. It is a case of circumstantial evidence and as per prosecution, Rohit and Rahul have taken the deceased from his home and next day his dead body was found. It is further submitted that in the aforesaid case the applicant is also involved and at her behest the accused Rohit and Rahul have committed the murder of the deceased. 8. Further, in view of this Court, merely on the ground that suspicion, at this stage, it cannot be said that he involved in the commission of present crime. Further, except above evidences, there is no other evidence against the applicant on record. Further, applicant is having no previous criminal history and in the present matter, applicant is in jail since 06.01.2025. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant Madhu, 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. 11. 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. 12. 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