HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1818 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Vineet Kumar Mishra, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.451 of 2024, under Section 85, 115(2), 118(2), 103, 105, 82(1) BNS & Section 3/4 of D.P. Act, P.S. Kotwali Dehat, District Hardoi. 3. In terms of the FIR it was alleged that sister of the informant was married to the applicant. Subsequently, the entire matrimonial family was not happy with the dowry and because of which the applicant, who is the husband, married elsewhere also and used to harass the sister. Subsequently, she was set at fire and was taken to the hospital. 4. Documents on record indicate a dying declaration wherein the victim had stated that on the date of the incident, the applicant, her mother-in- law, her father-in-law had poured diesel and set her at fire. It was also stated that her two children aged about 11 & 8 years sprinkled water and tried to douse the fire with a bedsheet. The said dying declaration was recorded in front of the doctor. 5. In the light of the said, learned counsel for the applicant draws my attention to the statement of the two children which is on record as Versus Counsel for Applicant(s) : Rajat Pratap Singh, Amol Kumar Srivastava, Apoorv Srivastava Counsel for Opposite Party(s) : G.A. Virendra Rathor .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) Annexure - 6 to argue that both the children had stated that as the father of the said children - the applicant herein - had married elsewhere, on account of harassment, the victim herself poured diesel on her legs and set them at fire and the same was doused by the children. 6. Postmortem report on record indicates the cause of death as superficial burn injuries and all the burn injuries were on the lower part of the body. Although, the dying declaration is on record, the same at huge variance with the statement of the two witnesses namely the children. The statement of the children finds corroboration with the postmortem report. Trial has not even started and the applicant is in custody since 20.09.2024. Criminal antecedents of the applicant have been duly explained in Para 27 of the rejoinder affidavit in which cases the applicant is on bail. 7. Considering the postmortem report, the statement of the children as well as the dying declaration which is at huge variance with the postmortem report, the applicant who is in custody since 20.09.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Virendra Rathor be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount 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 he 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. November 7, 2025 nishant BAIL No. 1818 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench