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Allahabad High Court

KANTI DEVIversusSTATE OF U.P.

Decided

Holding

The bail application was rejected as the Section 180 statement was deemed a dying declaration and the case was not fit for bail.

Summary

Kanti Devi was arrested in Crime No.108 of 2026 under Section 103(1) B.N.S. and applied for bail, arguing that the statement recorded by the investigating officer under Section 180 B.N.S.S. was not a dying declaration and that procedural lapses (no medical certificate, non‑compliance with High Court rules) rendered the allegations false. The State opposed, contending that the statement was a dying declaration implicating the applicant and that the FIR facts suggested her involvement. The court examined the nature of the Section 180 statement and, finding it to be a dying declaration, concluded that the bail application lacked merit. Consequently, the bail was denied, with the court noting that its observations were limited to the bail application and would not affect the trial’s merits. The court also directed that the trial proceed expeditiously.

Issues considered

  • Whether the statement recorded under Section 180 B.N.S.S. qualifies as a dying declaration.
  • Whether procedural deficiencies (absence of medical certificate, non‑compliance with High Court rules) justify granting bail.
  • Whether bail can be granted to the accused in a case under Section 103(1) B.N.S. pending trial.

Legislation cited

Subjects

  • bail
  • dying declaration
  • Section 180
  • Section 103
  • criminal procedure
  • gender considerations
  • live‑in partnership
  • trial expeditious

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31883 of 2026

Kanti Devi
                                                               .....Applicant(s)
                                        Versus

State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                         :   Balram Jee Verma
Counsel for Opposite Party(s)                    :   G.A.

Court No. - 68
(Sr. No.29 out of 172 T.C.)

                              HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Balram Jee Verma, learned counsel for applicant, Sri Arun
Kumar Mishra, learned A.G.A. 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.108 of 2026, under Section 103(1) B.N.S., Police Station Munderwa,
District Basti with the prayer to enlarge her on bail.

4. Learned counsel for the applicant has stated that the statement taken by
the Investigating Officer under Section 180 B.N.S.S. cannot be treated as a
dying declaration. No medical certificate regarding the fitness of the
deceased was obtained by him. Even the Rules of the High Court have not
been followed. As such, the allegations are per se false, and the applicant is
entitled to bail, being a lady. There is no motive for the applicant to commit
the said offence. The applicant was happily living with the deceased as a
live-in partner for four years. The applicant is in jail since 08.05.2026 and is
ready to cooperate with trial. In case, the applicant is released on bail, she
will not misuse the liberty of bail.

5. Per contra, learned A.G.A. has vehemently opposed the bail application
on the ground that the statement recorded by the Investigating Officer under
Section 180 B.N.S.S. tantamounts to a dying declaration, and the said dying
                                                                                               BAIL No. 31883 of 2026
                                                                       2


                                    declaration categorically indicates the complicity of the applicant in the said
                                    offence. Even the fact mentioned by the informant in the FIR that the door of
                                    the room of the deceased was found bolted from outside, as such, the
                                    deceased could not open it and had to force open the wall.

                                    6. After hearing learned counsel for the parties and taking into consideration
                                    the statement of the deceased recorded under Section 180 B.N.S.S., which
                                    tantamounts to a dying declaration, 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.

                                    7. 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.

                                    8. However, it is directed that the aforesaid case pending before the trial
                                    court be decided expeditiously, as early as possible, in accordance with law,
                                    if there is no legal impediment.



                                                                                                (Krishan Pahal,J.)
                                    September 9, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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