HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34127 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shiv Sharan Tripathi, learned counsel for applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.258 of 2025, under Section 103(1) B.N.S., Police Station Gandhipark, District Aligarh with the prayer to enlarge her on bail. 4. Learned counsel for the applicant has stated that the applicant is not named in the FIR and has been falsely implicated in the present case. Her name has come up subsequently in the statement of one of the daughters of the deceased person. Even the averment as made in dying declaration has been tutored, as such, the applicant being a lady is entitled for bail. The applicant is in jail since 05.07.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 5. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that there is dying declaration of the deceased person, whereby she has assigned the particular role to the applicant of having established illicit relationship with her husband Rakesh and poured kerosene oil over her, while she was set afire by her husband, as such, it is an open and shut case. Versus Counsel for Applicant(s) : Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Smt. Rakhi .....Applicant(s) State of U.P. .....Opposite Party(s) 6. After hearing learned counsel for the parties and taking into consideration the said dying declaration, whereby the deceased has assigned the role of having poured kerosene oil over her to the applicant, 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. 7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible 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. 8. 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. October 14, 2025 (Ravi Kant) BAIL No. 34127 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad