The absence of the specific word 'mentally' in a doctor's fitness certificate does not invalidate a dying declaration if the certificate confirms the patient was conscious, oriented, and fit for a statement.

1. List has been revised. Supplementary affidavit filed today is taken on record.

2. Heard Sri Raj Kumar Khanna, learned Senior Counsel assisted by Sri Ajay Kumar Singh, learned counsel for applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record.

3. The present bail application has been filed by the applicant in Case Crime No.402 of 2025, under Sections 124(1), 80(2), 85 BNS and 3/4 D.P. Act , Police Station Khalilabad, District Sant Kabir Nagar with the prayer to enlarge her on bail.

4. This is the second bail application on behalf of the applicant. The first one was rejected by this Court vide order dated 07.08.2025 passed in Criminal Misc. Bail Application No.27198 of 2025 and the following order was passed:-

"1. List has been revised.

2. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No. 402 of 2025, under Sections 124(1), 80(2), 85 BNS and Section 3 /4 of D.P. Act , Police Station Khalilabad, District Sant Kabir Nagar, during the pendency of trial.

4. Learned counsel for the applicant has stated that the applicant is innocent and she has been falsely implicated in the present case. The allegations are per se false. The applicant is the sister-in-law (jethani) of the deceased person.

5. Learned counsel has next stated that the applicant lives separately to the husband-wife duo and she has nothing to do with the said offence. The applicant has three minor children to take care. It is next stated that husband of the deceased person had taken the deceased to hospital and admitted her there.

6. Learned counsel has next stated that the applicant has been falsely implicated in the case after tutoring. The said dying declaration cannot be taken into consideration.

7. Per contra, learned A.G.A. has vehemently opposed the bail on the ground that the applicant has been assigned the role of catching hold of the deceased person in the dying declaration, as such she is not entitled for bail.

8. After hearing learned counsel for the parties and taking into consideration the fact that there are particular allegations against the applicant and father-in-law of the deceased person in the dying declaration, I do not find it a fit case for grant of bail to the applicant.

9. The bail application is found devoid of merits and is, accordingly, rejected

10. 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.

11. 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."

5. Learned Senior Counsel for the applicant has stated that, as a new ground, the dying declaration has been filed as Annexure No.SA-1 to the supplementary affidavit filed today, and that the doctor had given a certificate prior to the recording of the dying declaration of the deceased, which is as follows:

"Pt. is conscious, oriented, fit for statement, 12:40 p.m. on 14.05.2025."

6. Learned Senior Counsel for the applicant has further stated that the said statement does not mention that she was mentally fit for statement. The wo