Neutral Citation No. - 2025:AHC:115726 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23747 of 2025 Applicant :- Prabha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ghan Shyam Das Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kamal Krishna, learned Sr. Counsel assisted by Sri Ghan Shyam Das, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Prabha Devi, seeking enlargement on bail in Case Crime No. 103 of 2019, under Sections 304 of Indian Penal Code, Police Station- Ghiror, District- Mainpuri. The allegation in the FIR is that wife of the first informant along with her brothers, father and mother (the applicant) poured kerosene upon the sister of the first informant and set her to fire and subsequently after being hospitalized, the victim died. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 16.06.2025. Learned counsel for the applicant submits that the applicant is an old lady aged about 85 years and she is a heart patient and also suffering from low eyesight. The victim in her dying declaration has stated that her sister-in-law along with her mother (the applicant), brothers and father had set her on fire by pouring kerosene oil, but no specific role has been assigned to the applicant and main role of torture/assault has been assigned to one Sarika(wife of the first informant). Nothing incriminating has been recovered from possession of the applicant. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail by submitting that there is not any evidence on record to show that the applicant is an old aged lady. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, age and disease of the applicant, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Prabha Devi, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 17.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad