Smt. Shivdevi and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

This is first bail application of the present appellants-applicants Smt. Shiv Devi and Nanhu @ Krishna Kumar in Session Trial No. 367/2019, State Vs. Smt. Shivdevi and another, arising out of Case Crime No. 68 of 2019, P.S. Haidergarh, District Barabanki wherein the appellant/applicant has been convicted under Sections 498A, 302 IPC IPC and sentenced for maximum punishment of life imprisonment with fine stipulations.

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Learned counsel for the appellants has stated that the present appellants remained in jail during the trial and they did not misuse the liberty of bail. Attention has been drawn towards Annexure no. 2 of the bail application showing the bail order dated 15.10.2020 in Bail No. 1054 of 2020 and order dated 19.2.2021 passed in Bail No. 9424 of 2020 wherein this Court granted bail to the present appellants.

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Learned counsel has stated that in both the aforesaid bail orders this Court considered the relevant fact that while recording her statement u/s 161 Cr.P.C. the deceased levelled specific allegation against the present appellants who are Devrani and Devar, regarding demand of dowry and torture but while recording her dying declaration she changed the story and

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had not levelled any allegation of harassment, cruelty or demand of dowry but has stated that there was illicit relation between the appellant no. 1 Shiv Devi and her Nandoi namely Arvind Kumar and when the present appellants came to know about this fact they have beaten her mercilessly, resultant thereof she became unconscious and thereafter they set her on fire. However, in her dying declaration she has stated that she is not aware as to who has set her on fire. The deceased received 80% burn injuries and died on account of those burn injuries.

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Learned counsel has stated that the present appellants had nothing to do with the family affairs of the deceased and they could have not demanded any dowry from her. Besides, the story of the dying declaration is highly misconceived inasmuch as except some trivial dispute they have not beaten the deceased. There is no criminal history of the present appellants. Paperbook is not ready. As and when the paper-book is prepared he shall argue the appeal on merits and shall not take any unnecessary adjournment.

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Per contra, learned AGA has opposed the aforesaid bail application by submitting that this is a case where the dying declaration of the deceased has been recorded and the evidentiary value of the dying declaration is on very high pedestal, there is no inconsistency between the161 Cr.P.C. statement and the dying declaration. She will argue on this aspect at the time of final hearing of the appeal.

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Having heard learned counsel for the parties; the material available on record and without entering into the merits of the appeal; considering the fact that the present appellant remained on bail during trial; they did not misuse the liberty of bail; all fact / relevant witnesses have turned hostile as they did not support the prosecution story rather stated that the deceased caught fire while cooking food; there is apparent inconsistency between the statement of the deceased recorded u/s 161 Cr.P.C. and her dying declaration; paper-book is not ready and their undertaking that they shall not misuse the liberty of bail; we are hereby convinced that they may be enlarged on bail.

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Accordingly, the bail application is disposed of .

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Let the appellants- Smt. Shiv Devi and Nanhu @ Krishna Kumar ,

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convicts of the aforesaid sessions trial, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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Fine imposed by the learned Trial Court shall be deposited by the appellants within a period of four weeks, failing which, the bail granted to the appellant shall stand cancelled.

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It is made clear that during bail, if the appellants commit any offence, the prosecution will be at liberty to file an application for cancellation of bail.

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As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

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Office is directed to prepare the paper-book of the case, if not already prepared and supply a copy of the same to the learned counsel for the parties as per rules.

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List this appeal for final hearing in the month of January, 2026

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(Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 11, 2025 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shivdevi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Smt. Shivdevi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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