Neutral Citation No. - 2025:AHC:5848 Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37677 of 2020 Applicant :- Kaushalya Opposite Party :- State of U.P. Counsel for Applicant :- Indra Jit Singh,Indrakesh Kumar Sharma,Sanjay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J. 1. List revised. None present for the applicant. Shri L.D. Rajbhar, learned A.G.A. for the State is present. 2. This is the second bail application filed on behalf of the present applicant. The first bail application was rejected vide order dated 07.12.2019. It reads as below : "1. Counter affidavit filed by the State and rejoinder affidavit filed by the applicant are taken on record. 2. Heard Sri Sanjay Kumar Singh, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned A.G.A. on behalf of State and perused the material on record. 3. The instant bail application has been filed on behalf of the applicant Kaushalya with a prayer to release her on bail in Case Crime No.395 of 2017, under Sections 498-A, 304-B, IPC, and 3/4 D.P. Act, P.S. Ghughuli, District Maharajganj, during pendency of trial. 4. Having heard learned counsel for the parties, at present: (i) the applicant is accused of dowry death punishable with imprisonment upto life; (ii) against FIR lodged on 20.12.2017, the applicant is in confinement since 21.12.2017; (iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; (iv) the applicant has no criminal history; (v) chargesheet has already been submitted, however, the trial is still pending; (vi) on prima facie basis, it has been submitted that applicant has been falsely implicated. There was no demand of dowry and in any case, the applicant was not involved in the commission of offence as alleged. Referring to the burn injury suffered by the applicant itself, it has been stated that the applicant had tried to save the life of the deceased as her clothes caught fire in a kitchen accident. 5. On the other hand, learned A.G.A. vehemently opposed the prayer of bail and would submit that there exist a dying declaration, implicating the present applicant. 6. Having heard learned counsel for the parties and having perused the record, in so far as the FIR allegation of demand of dowry and commission of offence is concerned, it is supported by the dying declaration wherein the deceased has specifically named the applicant and she is alleged to have poured kerosene oil on the deceased, no ground for bail is made out. 7. Accordingly, the bail application is rejected. 8. However, it is expected that the trial court shall make best efforts to conclude the trial, as expeditiously as possible, without granting any undue or long adjournment to either of the parties." 3. Learned A.G.A. has opposed the bail application. He would rely on his objection raised as noted in the earlier order (quoted above). 4. On query made, he fairly states, the applicant has remained confined for almost seven years. Thus, in the context of the offence alleged under Section 304B IPC, it cannot be denied that the applicant who is the mother-in-law of the deceased has remained confined for more than half of minimum sentence awardable for that offence. 5. As to the trial, he again fairly states, at present, according to the disclosure made by the applicant, six witnesses have been examined, however, other witnesses remain and trial will take further time. 6. In view of the above, in the interest of justice, without expressing any opinion on the final merits of the case, let the applicant -Kaushalya involved in Case Crime No. 395 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Ghughuli, District Maharajganj, be released on bail at this stage, on her 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 not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. Let a copy of this order be communicated to the applicant through Jail authority concerned. Also, let a copy of this order be communicated to the Secretary, District Legal Services Authority, Maharajganj who ensure its due consequence is visited on the applicant. Order Date :- 10.1.2025 SA (S.D. Singh, J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad