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2025 DAILYLAW 59425 (ALL)

HEERAWATI DEVI v. STATE OF U.P.

BAIL/19923/2025 · 2025-07-06

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105734 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19923 of 2025 Applicant :- Heerawati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav,Vijay Bahadur Maurya Counsel for Opposite Party :- G.A.,Prateek Srivastava Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ramesh Chandra Yadav, learned counsel for applicant, Sri Prateek Srivastava, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.144 of 2024, under Sections 85, 80(2), 118(1) B.N.S., 2023 and 3/4 D.P. Act, Police Station Ghorawal, District Sonbhadra with the prayer to enlarge her on bail. 4. Learned counsel for the applicant has stated that the instant case is a case of suicide. The allegations are per se false. The applicant is a bona fide person. She incurred more than fifteen lakhs rupees in the treatment of the deceased person from Mirzapur to Varanasi, but sadly the deceased could not survive. It is a clear cut case of false implication. 5. Learned counsel for the applicant has further stated that the applicant is taking care of the two children born out of the said wedlock. The applicant is in jail since 24.02.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there is dying declaration of the deceased, whereby the deceased has assigned the role of setting afire the applicant by matchstick, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the dying declaration of the deceased, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. 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 :- 7.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad