HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35216 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Hare Krishna Tripathi, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.69 of 2026, under Sections 103(1), 61(2)a BNS, Police Station Nawabad, District Jhansi, during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is wife of the deceased and however as per allegation she alongwith other accused including co-accused Shiv Kumar Lodhi committed his murder as she was having illicit relation relationship with co-accused Shiv Kumar Lodhi but except bald and verbal allegation there is no cogent evidence against the applicant on record. 4. He next submits, with a very detailed order co-accused Shiv Kumar Lodhi has been released on bail by this Court and his bail order has been annexed at page-93 of the paper-book and case of applicant is at par with her. 5. He further argued, applicant is lady and she is not having any criminal history and in the present matter she is in jail since 10.02.2026 i.e. for last eight months. 6. Per contra, learned AGA opposed the prayer for bail but could not Versus Counsel for Applicant(s) : Hare Krishna Tripathi Counsel for Opposite Party(s) : G.A. Smt. Kiran Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and nobody was named in the FIR but during investigation applicant who was wife of the deceased has been made accused alongwith co-accused Shiv Kumar Lodhi on the ground that she was having illicit relationship with him and she alongwith co-accused Shiv Kumar Lodhi committed murder of the deceased but it reflects, except suspicion and confessional statement of applicant and statement of co-accused recorded by the I.O. there is no evidence against the applicant on record. 9. Further, co-accused Shiv Kumar Lodhi has been released on bail by this Court and case of applicant is at par with her. 10. Further, applicant is lady and she is not having any criminal history and in the present matter she is in jail since 10.02.2026 i.e. for last eight months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Smt. Kiran Kushwaha 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 BAIL No. 35216 of 2026 2 or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. 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. 15. 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. October 1, 2026 Shahroz BAIL No. 35216 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad