HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45634 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. This case was fixed peremptorily for today. There are three counsels appearing for the applicant and one of them Sri Manish Tiwari, Advocate has filed his illness slip today. Ms. Alka Upadhyay, learned counsel for the applicant has argued the matter. 3. Heard Ms. Alka Upadhyay, learned counsel for applicant, Sri Omvir Singh Rajpoot, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No.177 of 2024, under Sections 498-A, 304-B, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Atrauli, District- Aligarh with the prayer to enlarge her on bail. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant is the mother-in-law of the deceased person and she has nothing to do with the said offence. She used to live separately alongwith her husband and another son and daughter, as such, it is a clear cut case of false implication. There is a certificate given by the Village Pradhan, which has been annexed as Annexure-SA-1 to the supplementary affidavit filed in Court today, which indicates that applicant alongwith her husband and son used to live Versus Counsel for Applicant(s) : Alka Upadhyay, Madan Kumar Tiwari, Manish Tiwari Counsel for Opposite Party(s) : G.A., Omvir Singh Rajpoot Sarvati Devi .....Applicant(s) State of U.P. .....Opposite Party(s) separately to the husband-wife duo. 6. Learned counsel for the applicant has further stated that there is no likelihood of conclusion of trial in near future. The applicant is languishing in jail since 30.4.2024, as such, she is incarcerated for about one year and five months. The fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. There is no criminal history of the applicant and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the instant bail application was filed on 9.12.2024 and the said certificate of separate living has been issued by the said Gram Pradhan on 10.2.2025, which is after the filing of bail application, as such, it cannot be taken in to consideration. 8. After hearing learned counsel for the parties and taking into consideration the fact that the deceased had expired within the precincts of house of the applicant and the deceased was found 85% burnt, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 10. 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. September 8, 2025 Vikas Verma BAIL No. 45634 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad