Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:101362 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20894 of 2025 Applicant :- Smt Kamla Alias Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri J.B. Singh, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 305 of 2024, under Sections 80(2), 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Rajpura, District - Sambhal, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant, who is the mother-in-law of the deceased person, has been falsely implicated in the present case. There are general and omnibus allegations against all the accused persons in the FIR and it was the applicant, who had admitted the deceased in the hospital, which stands fortified from the medical document, as such, it is a clear cut case of false implication.
5. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since
12.10.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there is a dying declaration of the deceased person whereby specific allegation has been made against the applicant of having given salphos tablets to the deceased which was consumed by her, as such, the applicant is not entitled for bail.
7. Considering the facts and circumstances of the case,
submissions advanced by learned counsel for the parties, nature of offence, evidence on record, pending trial, complicity of accused, severity of punishment and also taking into consideration the dying declaration of the deceased person which indicates specific role of the applicant of having given the said two salphos tablets to the deceased person, I do not find it a fit case to release the applicant on bail.
8. The bail application is, accordingly, rejected.
9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment.
10. 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:- 1.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad