HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7963 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 90 of 2025, under Sections 108 BNS, P.S. Badosarai, District Barabanki. 4. Learned counsel for the applicant argues that the FIR in question was lodged under Section 109 BNS alleging that brother of the informant was married around 9 years ago with sister of applicant and subsequently all the matrimonial family killed him by sprinkling oil. The dying declaration on record states that the mother in law and brother in law of the deceased had thrown some inflammable liquid on the deceased and applicant had struck him with a match which resulted in his death. The cause of death as per the post mortem report is ante mortem burning. Learned counsel for the applicant relies on the statement of the son of the deceased, who has stated that it was his father who had no sprinkled something and has lit himself on fire. 5. Irrespective of the said, the applicant is being tried for offence under Section 108 BNS. Even for the sake of arguments dying declaration is taken as gospel truth the same would fit the implication under Section 108 as it cannot be termed as abatement by any stretch of logic. Apart from the same, the application is a lady and is in custody since 18.6.2025 and Versus Counsel for Applicant(s) : Mukesh Kumar Tewari Counsel for Opposite Party(s) : G.A. Usha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) she has no criminal history. 6. Learned AGA has opposed the bail application. 7. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Usha be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. October 9, 2025 J. K. Dinkar BAIL No. 7963 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench