HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25974 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Rajesh Kumar Tiwari, learned counsel for applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No. 489 of 2018, under Sections 498A, 304B, 323 I.P.C. and Section 3/4 D.P. Act, Police Station-Barsana, District-Mathura with the prayer to enlarge him on bail. 5. Learned counsel for the applicant has stated that the case of the applicant is at par with the co-accused persons Vijendra, Satyapal, Juvenile who have been enlarged on bail vide orders dated 16.05.2019, 26.02.2019 and 07.08.2020 passed in Criminal Misc. Bail Application No. 20636 of 2019, Criminal Misc. Bail Application No. 7980 of 2019 and Criminal Revision No. 4743 of 2019 respectively. Applicant is the mother-in-law of the deceased person and she has nothing to do with the said offence. It is further argued that there are general and omnibus allegations against all the accused persons in the second dying declaration of the deceased person and all the other co-accused persons have been enlarged on bail. Even the statement of P.W.1 has been recorded in trial court and it has come up that deceased was tutored by police and she had made general allegations against all the accused persons. The only allegation against the applicant is in the first Versus Counsel for Applicant(s) : Jagdish Prasad Mishra, Rajesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Vimla Devi .....Applicant(s) State of U.P. .....Opposite Party(s) dying declaration of the deceased person in which the allegations have been made against the applicant only. There is no criminal history of the applicant. The applicant is in jail since 15.01.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that a proclamation order was issued against the applicant as she had absconded for a substantial period of time and surrendered only on 15.01.2025. It is further argued that the first dying declaration was prompt, having been recorded on 12.10.2018 in accordance with Section 32 of the Indian Evidence Act, and was duly certified by the Doctor both at the commencement and at the conclusion of the statement. In the said dying declaration, the deceased categorically levelled allegations against the applicant alone. Since the first dying declaration was prompt, there exists every possibility that the second dying declaration, recorded six days later, might have been tutored. Hence, the applicant is not entitled to bail. 7. After hearing learned counsel for the parties and taking into consideration the fact that there is a difference of six days between the two dying declarations, and that the applicant was specifically nominated in the first dying declaration recorded on 12.10.2018, as well as the fact of the applicant's abscondence for more than six years, I do not find it to be a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously 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. 10. 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. September 8, 2025 Karan BAIL No. 25974 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad