Neutral Citation No. - 2025:AHC:86634 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35581 of 2024 Applicant :- Guddi Devi Alias Gudiya Opposite Party :- State of U.P. Counsel for Applicant :- Jalaj Kumar Tripathi,Krishna Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jalaj Kumar Tripathi, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.316 of 2022, under Sections 306, 120-B I.P.C., Police Station Baradari, District Bareilly, during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation, applicant alongwith other accused including her husband duped the deceased and due to their abetment, he committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submits that however present case is of the year 2022 and applicant is jail in the present matter since January, 2024 but after the FIR, I.O. did not make arrest of the applicant and therefore, applicant is not an absconder. 5. He further submits that however, there is also suicide note of the deceased on record but genuineness of the suicide note is still to be proved. 6. He further submits that however, apart from the present case, applicant is having criminal history of one another case but her criminal history has been explained in the instant bail application. 7. He further submits that applicant is a lady and she is in jail in the present matter since 14.01.2024 i.e. for last more than a year. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, due to the abetment of the applicant and other accused, deceased committed suicide and there is also suicide note of the deceased on record but it reflects, applicant is a lady and she is in jail in the present matter since 14.01.2024 i.e. for last more than a year. 11. Further, however it reflects, FIR of the present case was lodged on 07.04.2022 and applicant is in jail since 14.01.2024 but considering the fact that charge-sheet of the present case was filed in the month of March, 2024, the argument advanced by learned counsel for the applicant with regard to the conduct of the applicant cannot be ruled out and it cannot be said that she was an absconder. 12. Further, however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 13. Further, law is settled, unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be withheld for punitive purpose. 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- Guddi Devi Alias Gudiya 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 :- 21.5.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad