Neutral Citation No. - 2025:AHC:89610 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16967 of 2025 Applicant :- Smt. Saroj Devi Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.,Manish Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Arvind Agrawal, learned counsel for the applicant, Sri Ajay Kumar Pandey, learned Advocate holding brief of Sri Manish Yadav, learned counsel for the informant and Sri Santosh Pandey, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 716 of 2024, under Sections 103(1), 115(2), 61(2) BNS, Police Station- Tundla, District- Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and however, as per allegation, she along with her other family members including husband and father-in-law of the deceased committed the murder of her daughter-in-law but entire allegation levelled against the applicant is totally false. 4. He further submitted that there are two dying declarations of the deceased on record, one recorded by Investigating Officer and another recorded by Magistrate concerned and in both the dying declarations, deceased categorically stated that her husband ablazed her and both the dying declarations of the deceased have been annexed along with the instant bail application. 5. He further submitted that after considering entire facts of the case co-accused Khajan Singh, father-in-law of the deceased, has been released on bail by co-ordinate Bench of this Court and his bail order has been annexed at page no. 92 of the paper book and on facts, case of applicant is at par with him. 6. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 21.04.2025. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is mother-in-law of the deceased and as per allegation, she along with her other family members committed the murder of her daughter-in-law but it reflects,there are two dying declarations of the deceased on record, one recorded by Investigating Officer and another recorded by Magistrate concerned and from perusal of both the dying declarations, which have been annexed along with the instant bail application, it reflects, in both the dying declarations, deceased categorically stated that her husband i.e. co-accused Anshul ablazed her. 10. Further, father-in-law of the deceased namely Khajan Singh has been released on bail by co-ordinate Bench of this Court and on facts, case of applicant is at par with him. 11. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 21.04.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Smt. Saroj Devi be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. 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 :- 26.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad