Allahabad High Court
SMT LATAversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Smt. Lata applied for bail in a criminal case (Crime No. 752 of 2025) under Section 103(1) of the B.N.S., alleging that her drunken husband assaulted her and died accidentally during a scuffle when she tried to protect herself. The prosecution’s case is based mainly on her confessional statement, with no eye‑witnesses. The applicant argued that the incident was a case of sudden provocation and self‑defence, that she has no prior criminal record, and that the charge sheet has already been filed. The State opposed bail but did not dispute the factual matrix. Considering the nature of the offence, the applicant’s gender, the lack of incriminating material beyond the confession, overcrowded jails, and Supreme Court precedents, the court held that the applicant is entitled to bail and ordered her release on personal bond with conditions.
Issues considered
- Whether bail can be granted in a homicide case where the only evidence is the accused's confessional statement.
- Whether the circumstances of alleged self‑defence and sudden provocation justify bail under Section 103(1) of the B.N.S.
- Whether the applicant poses a risk of tampering with evidence or fleeing the trial.
Legislation cited
- B.N.S. — s. 103(1)
Subjects
- bail
- self-defence
- accidental death
- confessional statement
- domestic violence
- overcrowded prisons
- Section 103
- gender considerations
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14986 of 2026
Smt Lata
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Tarun Jha
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Tarun Jha, learned counsel for the applicant,
Sri D.P.S. Chauhan, learned A.G.A. for the State and
perused the record.
2. The instant bail application has been filed with a prayer
to release the applicant on bail during the trial in Case
Crime No. 752 of 2025, under Section 103(1) of B.N.S.,
Police Station- Kotwali Orai, District- Jalaun.
3. Contention of learned counsel for the applicant is that as
per the prosecution story, FIR was lodged by the present
applicant making allegation that her husband (deceased)
used to consume alcohol and he after consuming alcohol
used to abuse neighbours and also used to beat the
applicant. It was further mentioned in the FIR that the
deceased left the home at 2:00 P.M. on 25.12.2025 and
thereafter the applicant has also left the home for some
work; thereafter she returned back at around 6:30 P.M.
when she open the gate she found that her husband was
lying unconscious; thereafter with the help of her daughters
she brought the deceased at medical college, where he
was declared brought dead. During investigation, the
applicant confessed before the police that after returning,
the deceased was drunken heavily and he started beating
BAIL No. 14986 of 2026
2
her, then to save herself she also resisted and scuffling
took place between them where the deceased died
because of accidental compression of his throat.
4. Counsel for the applicant submitted that there is no
material against the applicant except the confessional
statement and that there is no eye-witness of the incident. It
is further submitted that even otherwise if the entire
prosecution story is taken as true, it could be a case of
sudden provocation when the deceased started beating the
applicant, then she in her defense also resisted and
attacked the deceased during scuffling and the deceased
became unconscious and when she brought the deceased
to hospital, he was declared brought dead, therefore, the
applicant has not committed any offence. Even as per the
prosecution story, it is a case of accidental death of the
deceased during the time when the applicant was
exercising her right to save herself, from her husband who
was heavily drunken. It is also submitted that the applicant
has liability of two daughters. It is lastly submitted that
charge sheet has been filed by the police, therefore, there
is no requirement for custodial interrogation. The applicant
has no criminal history and she is languishing in jail since
01.01.2026. In case, she is granted bail, she will not misuse
the liberty of bail and would cooperate in the trial
proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the
prayer for bail but could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the
case, submissions of learned counsel for the parties and
taking into account the fact that applicant is a lady and also
keeping in view the nature of offence, evidence, complicity
of the accused and also taking into account overcrowded
jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement
BAIL No. 14986 of 2026
3
of the Apex Court in the case of Kapil Wadhawan vs.
Central Bureau of Investigation reported in 2025 SCC
OnLine SC 3038 and without expressing any opinion on
the merits of the case, I am of the opinion that the applicant
is entitled to be enlarged on bail. Accordingly, the bail
application is allowed.
7. Let the applicant - Smt. Lata involved in the
aforementioned crime be released on bail, on her furnishing
a personal bond and two sureties each in the like amount,
to the satisfaction of the court concerned, with the following
conditions:-
i. The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or
tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation
sincerely without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the
conditions of the bond executed by her.
8. In case of breach of any of the above conditions, it shall
be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the
bonds are accepted.
10. It is made clear that the applicant shall be released on
the basis of computer generated copy of this order,
downloaded from the official website of High Court
Allahabad and verified by the concerned counsel with the
BAIL No. 14986 of 2026
4
undertaking that the certified copy will be filed within 15
days.
11. It is further directed that the trial court shall send the
release order to the concerned jail through Bail Order
Management System (BOMS) to ensure early release of
the applicant.
12. Office is directed to send a copy of this order to the
applicant through concerned Jail Superintendent via e-mail
or on e-prison portal and Trial Court via e-mode within 24
hours in compliance of the order of the Apex Court in the
case of Policy Strategy for Grant of Bail, In Re: Suo
Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila
Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No.
169 of 2025, decided on 29.05.2026.
September 8, 2026
CS/-
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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