Neutral Citation No. - 2025:AHC:38582 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1678 of 2025 Applicant :- Nishu Devi Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by the State-respondent is taken on record. 2. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Anurag Tripathi, learned counsel for the applicant and Sri R. N. Srivastava, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.63 of 2024, under Sections 85, 80, 238, 103(1) of B.N.S. & 3/4 D.P. Act, Police Station- Barwa Patti, District- Kushinagar, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 12.07.2024 against applicant and two others and according to the FIR, marriage of the daughter of the informant was solemnized with the co-accused Pintoo on 201.01.2024 and he alongwith applicant, who was his bhabhi and another accused, who was his father committed her murder. 5. Learned counsel for the applicant submits that applicant is jethani of the deceased and on the basis of false allegation, she has been made accused in the present matter along with the husband and father-in-law of the deceased. 6. He further submits that however, deceased died due to strangulation but admittedly her dead-body was found from a field on the pointing out of co-accused Sukhari Ram i.e. father-in-law of the deceased and it appears only being jethani of the deceased, applicant has been made accused. 7. He further submits that there is no specific allegation against the applicant and applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 09.10.2024 i.e. for last more than four months alongwith her two female minor children. 8. Per contra, learned AGA opposed the prayer for bail and submits that it is a case of homicidal death and as per post-mortem report, deceased died due to strangulation but he could not dispute the fact that applicant is jethani of the deceased and there is no specific allegation against her and dead-body of the deceased was recovered from a field on the pointing out of co-accused Sukhari Ram i.e. father-in-law of the deceased. 9. He further could not dispute the fact that applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 09.10.2024 i.e. for last more than four months alongwith her two female minor children. 10. I have heard both the parties and perused the record of the case. 11. However, applicant is jethani of the deceased and as per allegation, she alongwith husband and father-in-law of the deceased committed her murder and post-mortem report also suggests that deceased died due to strangulation but record also suggests that dead-body of the deceased was recovered from a field on the pointing out of co-accused Sukhari Ram i.e. father-in- law of the deceased. 12. Further, there is no specific allegation against the applicant and considering the facts of the case, the argument advanced by learned Senior Counsel appearing on behalf of the applicant that only being jethani of the deceased, she has been made accused in the present matter, cannot be ruled out at this stage. 13. Further, applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 09.10.2024 i.e. for last more than four months alongwith her two female minor children. 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- Nishu Devi 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 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 :- 18.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad