Neutral Citation No. - 2025:AHC:76000 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13700 of 2025 Applicant :- Madandutt Opposite Party :- State of U.P. Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.,Satya Narayan Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Bratendra Singh, learned counsel for the applicant; Ms. Monica Pal Advocate holding brief of Sri Satya Narayan Yadav, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 105 of 2024, under Sections 498A, 302 IPC, Police Station Kotwali, District Mainpuri, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and there is also dying declaration of the deceased on record in which she stated that when she poured oil upon her then applicant ablazed her but entire allegation levelled against the applicant are totally false and prima facie, dying declaration appears to be doubtful. 4. He further submitted that it is admitted case that after the incident even mother of the applicant i.e. mother in law of the deceased had taken her to the hospital and this fact shows bonafide on the part of the applicant side. 5. He further submitted that actually due to matrimonial dispute, deceased ablazed herself but subsequently when her dying declaration was recorded then she implicated the applicant as relationship of the deceased with the applicant was not cordial one. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 25.2.2024 i.e. for last more than a year. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and there is dying declaration of the deceased on record, recorded by Nayab Tehsildar and from perusal of the dying declaration, it reflects that she specifically stated that when she poured oil upon her then applicant ablazed her and there is no reason to disbelieve the dying declaration of the deceased, at this stage and therefore, the instant bail application should be dismissed. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the fact that applicant is husband of the deceased and deceased in her dying declaration made accusation that he ablazed her, in my view, applicant is not entitled to be released on bail. 10. Accordingly, the instant bail application stands rejected. 11. 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 :- 9.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad