Neutral Citation No. - 2025:AHC:3850 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46611 of 2024 Applicant :- Bhagyawati Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Arun Kumar, learned counsel for the applicant and Sri Rajeev 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. 34 of 2024, under Sections 498A, 304B, 307, 302 IPC read with Section 3/4 D.P. Act, Police Station Balrai, District Etawah during pendency of the trial. 3. FIR of the present case was lodged against applicant and his family members and according to the FIR marriage of the sister of the informant was solemnized with the son of the applicant on 21.04.2024 and on 27.06.2024 informant received an information that due to non fulfillment of demand of Rs. 50,000/- applicant and his family members ablazed his sister by pouring petrol upon her. It is further mentioned in the FIR that in the incident nephew of deceased namely Aniket aged about eight years also sustained injuries. 4. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and on the basis of false allegation, she has been made accused in the present matter. 5. He further submits, incident is said to have taken place on 27.06.2024 and deceased died on 01.07.2024 and when she was in hospital then before her death on 28.06.2024 at about 11.25 AM her dying declaration was recorded by the Tehsildar concerned and Investigating Officer during investigation copied the same in the case diary and parcha of the same has been annexed at page-89 of the paper-book and from its perusal it reflects, there was love affair between husband of the deceased and one Meera, who was relative of the husband of the deceased and Meera burnt the deceased. 6. He further submits, there is no allegation that applicant also caused burn injury to the deceased in the dying declaration of the deceased. 7. He further submits, in the incident nephew of the deceased Aniket also sustained burn injury and when his statement was recorded by the Investigating Officer during investigation, which has been annexed at page-96 of the paper-book, then he stated that son of the applicant i.e. husband of the deceased ablazed her and in his statement also there is no allegation that applicant caused burn injury to the deceased. 8. He further submits, considering the above facts, it reflects only being mother-in-law of the deceased, applicant has been made accused in the present matter and actually it is not a case of dowry death. 9. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 29.07.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant is mother-in-law of the deceased and her daughter-in-law died within two months of her marriage due to burn injury and there is also allegation of demand of dowry but there is dying declaration of the deceased on record recorded by the Tehsildar concerned and from its perusal it reflects that deceased specifically stated that one Meera burnt her and she did not make any allegation that applicant also caused injury to her. 13. Record further suggests that in the incident one Aniket, the nephew of the deceased, also sustained burn injury and when his statement was recorded by the Investigating Officer then he however initially stated that family members of his Mausa caused burn injury to the deceased but he thereafter stated that husband of the deceased i.e. son of the applicant burnt the deceased, therefore, from the dying declaration of the deceased and from the statement of injured Aniket it could not be reflected that applicant also caused injury to the deceased. 14. Further, from above statements it could not be reflected that it is a case of dowry death. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 29.07.2024. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Bhagyawati 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. 18. 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. 19. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad