Allahabad High Court
SMT PREETIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Smt. Preeti, who was charged with murder under Sections 103(1) and 61(2) of the BNS in Crime No.207 of 2025. The applicant argued that the FIR was based merely on a matrimonial dispute, that she had no motive, no eyewitnesses, and no weapon was recovered, and that she had no prior criminal record. The State opposed bail but did not dispute the factual contentions. Relying on the principles laid down in Kapil Wadhawan v. CBI (2025), Maya Tiwari v. State of U.P. (2024), and the Supreme Court’s policy on bail, the court held that the applicant, being a woman and given the lack of incriminating evidence, was entitled to bail. The court ordered her release on personal bond with two sureties and imposed standard conditions for bail. The order also directed procedural steps for verification and electronic transmission of the bail order.
Issues considered
- Whether bail should be granted to an accused in a murder case under Sections 103(1) and 61(2) of the BNS given the alleged lack of motive and evidentiary weakness.
- Whether the applicant’s gender, absence of prior criminal record, and the problem of jail overcrowding are relevant factors for bail.
- Whether the Supreme Court precedents on bail (Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and Policy Strategy for Grant of Bail) compel the trial court to grant bail in the present case.
Legislation cited
- BNS — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- murder
- gender
- evidentiary doubt
- jail overcrowding
- section 480 BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15403 of 2026
Smt Preeti
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamal Kumar Singh, Sudhir Kumar
Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Kamal Kumar Singh, learned counsel for the applicant,
Sri Bhupendra Pal Singh, 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 in Case Crime No.207 of 2025, under Sections-
103(1), 61(2) of BNS, Police Station-Fatehpur Sikri, District-Agra,
during the pendency of the trial.
3. Contention of learned counsel for the applicant is that in the FIR,
doubt has been expressed upon the applicant regarding her
involvement in committing the murder of the deceased solely on the
ground that the deceased was having a matrimonial dispute with the
applicant. It is further submitted that from a bare perusal of the
contents of the FIR as well as the statement of the first informant, it is
clear that the applicant has been residing in her paternal house and
no one has seen the applicant entering house where the deceased
was living. It is further submitted that there is no eyewitness to the
incident and the applicant had no motive to kill the deceased, and
there has been no recovery of any weapon on the pointing out of the
applicant, even then, she has been falsely implicated merely on the
basis of apprehension and doubt. It is further submitted that charge
sheet has been filed in the present case, therefore, there is no
requirement of custodial interrogation. It is further submitted that the
BAIL No. 15403 of 2026
2
applicant has no criminal history and being a lady, she is entitled to
be released on bail in view of Section 480 BNSS. The applicant is a
law abiding citizen and she is languishing in jail since 07.07.2025. In
case, she is granted bail, she will not misuse the liberty of bail and
would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
5. 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 of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail 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.
6. Let the applicant- Smt. Preeti, 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.
BAIL No. 15403 of 2026
3
iv. The applicant shall attend in accordance with the conditions of the
bond executed by her.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
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 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 Agra Jail Superintendent via e-mail or e-prison portal 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.
(Arun Kumar Singh Deshwal,J.)
May 6, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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