Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26671 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Shiv Babu Dubey, learned counsel for applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. The present bail application has been filed by the applicant in Case Crime No.117 of 2024, under Sections 498-A, 326, 304-B, 302 IPC and 3/4 D.P. Act, Police Station Atrra, District Banda with the prayer to enlarge her on bail. 5. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased person and has been falsely implicated in the present case. She has nothing to do with the said offence. She is taking care of the five months old son of the deceased person. The applicant is in jail since 17.08.2024 and 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 A.G.A. has vehemently opposed the bail application on the ground that there is dying declaration of the deceased person in which the applicant has been assigned the role of having sprinkled petrol over the deceased person and setting her afire, as such, she is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration Versus Counsel for Applicant(s) : Shiv Babu Dubey Counsel for Opposite Party(s) : G.A. Shakuntla .....Applicant(s) State of U.P. .....Opposite Party(s)
the dying-declaration of the deceased person which is in the form of question and answer and the applicant being assigned the main role of having set the deceased afire after sprinkling petrol over her, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 8.
However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments 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. 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. October 7, 2025 (Ravi Kant) BAIL No. 26671 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad