Neutral Citation No. - 2025:AHC:14039 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32913 of 2024 Applicant :- Ishwar Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A.,Rakesh Chandra Hon'ble Sameer Jain,J. 1. On 05.09.2024 time was given to learned counsel for the informant to file counter affidavit and thereafter again on 23.10.2024 and 11.12.2024 time was given to him to file counter affidavit and on 11.12.2024 last opportunity was given to him to file counter affidavit but till date, no counter affidavit has been filed by him, however, State has already filed counter affidavit, therefore, instant matter is being heard. 2. Heard Sri Krishna Mani, learned counsel for the applicants, Sri Rakesh Chandra, learned counsel for the informant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 62 of 2024, under Sections 103(1) 238, 61(2) BNS, Police Station- Jugail, District- Sonbhadra, during pendency of the trial in the court below. 4. FIR of the present case was lodged against applicants on 11.07.2024 and according to FIR, elder brother of the informant went to the house of the applicants, who were his neighbor and they committed his murder and after committing his murder threw his dead body near the pond. 5. Learned counsel for the applicants submitted that it is a case of circumstantial evidence and as per informant and other witnesses, applicant no.2 was having illicit relationship with the deceased, therefore, she along with applicant no.1 i.e. her husband committed his murder. He further submitted that except suspicion, there is no cogent evidence against applicant no.2 on record. 6. He further submitted that, however, as per prosecution, when applicant no.1 was arrested then on his pointing out one axe was recovered, which alleged to have been used in the crime but merely on the basis of alleged above recovery at this stage, it cannot be said that applicant no.1 along with his wife i.e. applicant no.2 committed the murder of the deceased. 7. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 11.07.2024 i.e. for last more than 6 months. 8. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard both the parties and perused the record of the case. 10. It is a case of circumstantial evidence and as per prosecution, as deceased was having illicit relationship with applicant no.2, therefore, she along with her husband i.e. applicant no. 1, committed his murder but except the bald and verbal allegation, there is no cogent evidence in this regard on record. 11. Further, applicant no.2 is lady and applicants are not having any criminal history and they are in jail in the present matter since 11.07.2024 i.e. for last more than 6 months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicants- Ishwar Prasad and Saraswati 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 15. 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 applicants. 16. 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 :- 27.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad