Bail granted where dying declaration specifically implicated co-accused, while allegations against the mother-in-law remained general.

The applicant, Smt. Santosh, was implicated in Case Crime No. 385 of 2025, Police Station Didauli, District Amroha, for offences under Sections 85, 103 and 115(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was harassed by the applicant and other family members to compel her to obtain a loan against her plot for financing a proposed business

The deceased sustained burn injuries and died approximately one month later. The applicant contended that the deceased was taken to the hospital by her husband and the applicant, and that the deceased’s initial statement contained only a general allegation against the family. In her subsequent dying declaration recorded by a Magistrate, the deceased specifically attributed the throwing of inflammable substance to co-accused Sonu and the act of setting her on fire to co-accused Jitendra

The applicant, who was the deceased’s mother-in-law, relied on the bail granted to the deceased’s husband and to co-accused Anita, allegedly having a similar role. She also relied on the filing of the charge-sheet, absence of criminal history, her status as a woman, and her custody since 1 October 2025

The State and the first informant opposed bail, relying on the allegations of harassment and the statements implicating all family members

The Court considered the offences under Sections 85, 103 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and the applicant’s plea under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning grant of bail, particularly to a woman

The Court applied the established bail principles requiring consideration of the nature of the accusation, the evidence, the specific role and complicity of the accused, custody, criminal antecedents, and the likelihood of misuse of liberty

It also relied on Kapil Wadhawan v. Central Bureau of Investigation, 2025 SCC OnLine SC 3038, and Maya Tiwari v. State of U.P., 2024 SCC OnLine All 6765, concerning the approach to bail, including the impact of overcrowded prisons and delay arising from heavy pendency of criminal trials

The Court further considered the principle of parity arising from bail granted to similarly placed co-accused, including Anita

The Court found that although the FIR and the deceased’s earlier statement contained general allegations of harassment and involvement of family members, the Magistrate-recorded dying declaration specifically attributed the act of throwing inflammable substance to Sonu and the act of setting the deceased on fire to Jitendra

The applicant was the deceased’s mother-in-law, and no equally specific allegation of performing the principal acts was shown against her.

The Court also took into account the applicant’s alleged assistance in taking the deceased to the hospital, the filing of the charge-sheet, her lack of criminal history, her prolonged custody, her status as a woman, and the grant of bail to similarly placed co-accused

Without expressing any opinion on the merits, the Court concluded that the material and the applicant’s alleged complicity warranted bail, subject to safeguards ensuring her attendance, cooperation and non-interference with the trial

The conditions required her not to threaten or induce witnesses or tamper with evidence, to cooperate sincerely in the proceedings without seeking unnecessary adjournments, not to commit any criminal offence, and to attend the trial in accordance with the bond

Breach of the conditions was made a ground for cancellation of bail

The trial court was directed to verify the identity, status, residence, mobile number and Aadhaar details of the applicant and sureties and to transmit the release order through the Bail Order Management System for early release