Neutral Citation No. - 2025:AHC:77834 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13042 of 2025 Applicant :- Smt. Sadhana Devi Opposite Party :- State of U.P. Counsel for Applicant :- Abhijeet Pratap Singh,Ashok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 304 of 2024, under Sections 103(1) BNS, Police Station Etmadpur, District Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is daughter in law of the deceased and as per allegation she ablazed her but entire allegation levelled against the applicant is totally false. 4. He further submitted that however, there is dying declaration of the deceased also on record, recorded by ACM concerned but dying declaration does not appear to be convincing and genuine one. 5. He further submitted that actually deceased was having grudge with the applicant who was her daughter in law, therefore, at the time of death she either wrongly implicated the applicant in the present matter or she was not even in the position to give her dying declaration. 6. He further submitted that even from the record it reflects that there is no medical report of the deceased on record for her fitness and therefore, no reliance can be placed on the dying declaration of the deceased. 7. He further submitted that actually, it appears accidentally deceased sustained burn injuries and died but as applicant was her daughter in law and some dispute was pending between both of them, therefore, she has been made accused in the present matter. 8. He further submitted that applicant is lady and she is having no criminal history and in the present matter, applicant is in jail since 29.1.2025. 9. Per contra, learned AGA opposed the prayer for bail and submitted that in the dying declaration of the deceased recorded by ACM concerned, she categorically stated that applicant ablazed her and there is no reason to disbelieve the dying declaration of the deceased, at this stage, therefore, the instant bail applicant should be dismissed. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, number of arguments have been advanced by learned counsel for the applicant to demonstrate that either dying declaration of the deceased is not genuine one or deceased intentionally due to grudge implicated the applicant in her dying declaration but this Court finds merit in the argument advanced by learned AGA that at this stage, dying declaration of the deceased recorded by the ACM concerned cannot be disbelieved. 12. Therefore, considering the dying declaration of the deceased, I am not inclined to release the applicant on bail, at this stage. 13. Accordingly, the instant bail application stands rejected. 14. 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. Order Date :- 13.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad