Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29175 of 2024 Applicant :- Smt Deepa Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Upadhyay, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 549 of 2022, under Sections 302, 201, 34 IPC, P.S. Modi Nagar, District Ghaziabad during pendency of the trial. 3. FIR of the present case was lodged on 26.08.2022 against unknown person and according to the FIR on 23.08.2022 dead body of the son of the informant was found in a field. 4. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation, applicant who was wife of the deceased has been made accused in the present matter along with co-accused Ravi Kumar on the ground that she was having illicit relationship with co-accused Ravi Kumar 5. He further submits, as per prosecution when applicant was arrested then she confessed her guilt and on her pointing out weapon used in the alleged crime and mobile phone of the deceased was recovered. He further submits, except motive and above recovery, there is no cogent evidence against the applicant on record. 6. He further submits, merely on the basis of above evidences at this stage it cannot be said that applicant committed the murder of her husband. 7. It is further submitted however bail application of co-accused Ravi Kumar has been dismissed by co-ordinate Bench of this Court but case of applicant is distinguishable from co-accused Ravi Kumar as he was seen in the C.C.T.V. footage while he was carrying the dead-body of the deceased and there is no such evidence against the applicant. 8. He further submits, applicant is lady and she is not having any criminal history and in the present matter, she is in jail since 27.08.2022 i.e. for last more than two and half year. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. It is a case of circumstantial evidence and it appears during investigation applicant who was wife of the deceased has been made accused in the present matter along with co-accused Ravi Kumar on the ground that she was having illicit relationship with him and she along with Ravi Kumar committed the murder of the deceased. Record also suggest that when applicant was arrested then she confessed her guilt and on her pointing out weapon used in the alleged crime and mobile phone of the deceased was recovered. Record also suggest that bail application of co-accused Ravi Kumar has already been dismissed by co-ordinate Bench of this Court but it reflects his bail application was dismissed after considering the fact that he was seen in the C.C.T.V. footage while he was carrying the dead-body of the deceased. There is no such evidence against the applicant. Therefore, case of applicant is distinguishable from the case of co-accused. 12. Further, record also suggest that except the above discussed evidence there is no other evidence against the applicant on record and considering the above circumstances the argument advanced by learned counsel for the applicant that on the basis of above evidences at this stage it cannot be said that applicant committed the murder of the deceased cannot be ruled out at this stage. 13. Further, applicant is lady and in the present matter, she is in jail since 27.08.2022 i.e. for last more than two and half year. 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 -Smt Deepa 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. 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 :- 4.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad