Neutral Citation No. - 2025:AHC:4341 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45667 of 2024 Applicant :- Smt Poorna Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Om Narayan Pandey, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 745 of 2024, under Sections 103(1), 85 BNS, Police Station- Jalalabad, District- Shahjahanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is the mother-in-law of the deceased and on the basis of false allegation of demand of dowry and torture, she has been made accused in the present matter along with other family members. 4. He further submitted that however, there are dying declarations of the deceased on record recorded by Investigating Officer and Tehsildar concerned but there are material contradictions in both the statements of the deceased. He further submitted that when the statement of the deceased was recorded by the Investigating Officer then she stated that applicant and five others ablazed her but when her statement was recorded by the Tehsildar then she made allegation of ablazing her only against applicant and this fact suggests that both the dying declarations of the deceased are not worthy of reliance and she implicated the applicant only due to reason that applicant is her mother-in-law and she was having grudge with the applicant. 5. He further submitted that applicant is lady and she is not having any criminal history and in the present matter, she is in jail since 24.09.2024. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is mother-in-law of the deceased and deceased in her both the dying declarations recorded by Investigating Officer and by Tehsildar concerned stated that applicant involved in ablazing her, therefore, considering the dying declarations of the deceased, applicant should not be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Applicant is the mother-in-law of the deceased and her daughter-in-law died due to burn injury and there are two dying declarations of the deceased on record. One recorded by Investigating Officer and another recorded by Tehsildar and however, there are contradictions in both the dying declarations of the deceased as far as number of accused persons are concerned and in the dying declaration recorded by the Investigating Officer, deceased stated that applicant and five others ablazed her while in the dying declaration recorded by the Tehsildar, she stated that applicant burnt her but in both the dying declarations, there is allegation against the applicant that she burnt the deceased. Further, even genuineness of both the dying declarations can only be adjudicated by the trial court at the time of trial. 9. Further, law is settled, dying declaration recorded by the Magistrate is having much more importance than dying declaration recorded by the Investigating Officer. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 12. 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 :- 8.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad