Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.

JUDGMENT :

Rajesh Singh Chauhan, J.

1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri S.P. Singh, learned A.G.A. for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 09.10.2024 in Case Crime No.373 of 2024, under Sections 103(1), 61(2) (ka), 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station-Sandana, District-Sitapur.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the present case as she has not committed any offence as alleged in the prosecution story so narrated in the F.I.R.

4. At the very outset, learned counsel for the applicant has drawn attention of this Court towards impugned first information report which was lodged on 07.10.2024 at about 02.45 PM for the alleged incident occurred on 04/05.10.2024 PM without explaining the delay in lodging the same. In the impugned first information report, no allegation of any nature whatsoever has been levelled against the present applicant, who is the wife of the deceased. The informant of the present case is the father of the deceased. The allegation has been levelled against four accused, namely, Ankit Yaav, Manoj Pasi, Manoj and Siddhe. The deceased sustained five injuries and the cause of death is coma on account of ante-mortem head injury. There is no eye-witness account or last seen evidence in the present case. During the course of investigation, the prosecution developed story that present applicant is having illicit relation with co-accused Ankit Yadav therefore, she might be instrumental to eliminate her husband. The police has recorded the confessional statement of Ankit Yadav and the present applicant in the custody, which has no value in the eye of law.

5. Learned counsel for the applicant has further submitted that present applicant was having cordial relation with her husband though he was a heavy drunker and used to live separately from her. Attention has been drawn towards Annexure-'4' which is a statement of the informant recorded under Section 180 B.N.S.S. Act therein he has categorically stated that his daughter-in-law was residing with him and his family, whereas his son (since deceased) was residing at ancestral house situated at another village Saholi where his daughter-in-law/present applicant used to go offtenly. Learned counsel for applicant has further submitted that as per the prosecution material in the shape of CDR of the Cell Phone of the present applicant, which indicates that on the fateful day she called Ankit Yadav couples of times. On the said allegation, learned counsel for applicant submitted that since her husband was missing and he was drunkered, she came to know about his death therefore she had called Ankit Yadav couples of time and thereafter other persons who are friends of her husband only to know the whereabouts/location of her husband. There is no earlier complaint of her husband (since deceased) or his family members to the effect that she was having any illicit relation with co-accused Ankit Yadav, thus it is a concocted story. Even no specific allegation to that effect has been levelled against her, only suspicion has been expressed against her and on the basis of suspicion she has been arrested and her confessional statement has been recorded in the police custody. She is having no criminal history of any kind whatsoever. Charge sheet has been filed. The present applicant being lady may be given the benefit of Section 437 Cr.P.C. (480 of BNSS). She is having no prior criminal history of any kind whatsoever. She undertakes that if she is granted bail, she shall co-operate in the trial proceedings and shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order.

6. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for applicant.

7. Without entering into merits of the issue; considering the argume