A dying declaration is admissible and reliable evidence if it is recorded promptly and there are no allegations of tutoring.

Certainly. Based on the provided legal document, here are the key points:

• The court examined the admissibility and reliability of the dying declaration, concluding that it was recorded promptly and without allegations of tutoring, thus making it admissible and trustworthy (!) (!) .
• The court found that the dying declaration implicated the applicant in the offence and assigned her a role in its recording, which supported the prosecution’s case (!) .
• The court emphasized that the trial was ongoing, and the applicant had been in custody since 22.07.2021 (!) .
• The applicant's counsel argued that she was falsely implicated and that her role was limited to catching hold of the victim, suggesting her involvement was minimal (!) (!) .
• The prosecution opposed bail, citing the clear involvement of the applicant in the offence as indicated by the dying declaration, and confirmed that it was recorded promptly and without tutoring (!) (!) .
• The court held that, given the evidence and ongoing trial, the case was not suitable for granting bail at this stage (!) .
• The court dismissed the bail application, directing the trial court to proceed and conclude the trial within one year from the production of a certified copy of the order (!) (!) .
• The observations made were limited to the facts relevant to the bail application and should not influence the merits of the case during trial (!) .

Please let me know if you need further analysis or assistance.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40007

of 2022

Applicant :- Noorjahan

Opposite Party :- State of U.P.

Counsel for Applicant :- Manvendra Singh

Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri P.K. Singh, Advocate holding brief of Sri Harish

Pratap Singh, learned counsel for applicant and Sri Vibhav

Anand Singh, learned A.G.A. for the State.

The present bail application has been filed by the applicant in

Crime No.141 of 2021, under Sections 498-A, 304-B IPC & 3/4

Dowry Prohibition Act, Police Station Hathgaon, District

Fatehpur with the prayer to enlarge her on bail.

As per prosecution story, the applicant, who happens to be the

mother-in-law of the deceased person, alongwith other co-

accused persons are said to have set to fire the deceased person

for a demand of dowry on 09.12.2020.

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. The complete treatment has been undertaken by

the husband of the deceased person Rizwan and it was he who

had rushed her to the hospital after hearing the shrieks of the

deceased person. Learned counsel has further stated that there is

a dying declaration of the deceased person, which indicates the

involvement of the applicant but the same cannot be relied as

the victim had survived about 45 days after the recording of the

dying declaration. Learned counsel has further stated that the

ingredients of Section 32 of Indian Evidence Act are not

fulfilled. The role of the applicant is of catching hold only. The

case of the applicant is at a different footing to the co-accused

person Rizwan. There is no criminal history of the applicant.

The applicant is in jail since 22.07.2021.

Per contra, learned A.G.A. has vehemently opposed the bail

application on the ground that the dying declaration

categorically indicates the involvement of the applicant in the

offence and the said dying declaration has been recorded

promptly and there is no allegations of any tutoring to the

deceased person which is clear and unambiguous.

After hearing learned counsel for the parties and going through

the records particularly the dying declaration and as the

applicant has been assigned the role in the said dying

declaration, and the fact that the trial is going on, 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, dismissed.

However, it is directed that the court below may proceed with

the trial and reach at the logical conclusion expeditiously, if

there is no legal impediment, within a period of one year from

the date of production of a certified copy of this order.

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 :- 9.1.2023

Ravi Kant

Digitally signed by :-

RAVI KANT

High Court of Judicature at Allahabad