Neutral Citation No. - 2025:AHC:21581 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1885 of 2025 Applicant :- Jaymala Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Upendra Kumar Singh, learned counsel for the applicant and Sri Manoj Kumar, learned Brief Holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 453 of 2024, under Sections 105, 115(2), 352, 351(2) BNS, Police Station Sadabad Kotwali, District Hathras, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 22.8.2024 against the applicant and her husband and according to the FIR on 21.8.2024 applicant alongwith her husband made assault upon her devar through wooden stick due to which he sustained serious injury on his head. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under sections 115(2) 352, 351 (2) BNS but after the death of the injured, case was converted under section 105 BNS. 5. He further submitted that applicant is the Bhabhi of the deceased and on the basis of false allegations, she has been made accused in the present matter alongwith her husband. 6. He further submitted that actually some domestic dispute arose between both the parties and thereafter deceased sustained injuries and died. 7. He further submitted that even in the incident, applicant also sustained injuries and her injury report has been annexed at page 74 of the paper book. It is further submitted, even, it could not be reflected that either applicant or her husband were having intention to cause death of the deceased. 8. He further submitted that applicant is a lady, she is having no criminal history and she is in jail in the present matter since 23.9.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is Bhabhi of the deceased and as per allegation she alongwith her husband made assault upon the deceased due to which he died but it reflects that in the alleged incident applicant also sustained injuries and considering this fact, arguments advanced by learned counsel for the applicant that actually some domestic dispute arose between both the sides and in the alleged instant, deceased sustained injuries and unfortunately, subsequently he died, cannot be ruled out, at this stage. 12. Further, after considering the entire allegations levelled against the applicant, argument advanced by learned counsel for the applicant that from the record, it could not be reflected that applicant and her husband were having intention to cause death of the deceased can also not be ruled out, at this stage. 13. Further, applicant is a lady, she is having no criminal history and she is in jail in the present matter since 23.9.2024. 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- Jaymala, 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. 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 :- 14.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad