Allahabad High Court
SMT CHHAVIversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Smt Chhavi, who is the sister‑in‑law of a deceased person alleged to have been murdered. The applicant claimed the death was a suicide, citing the post‑mortem report showing a hanging with no other injuries and an intact hyoid bone, and argued that the informant (the deceased's father) had turned hostile during trial. She had been in custody for over eight months. The State opposed bail but did not dispute the factual contentions. The Court, noting the prima facie evidence of suicide, the hostile witness, the applicant’s gender, and the lengthy pre‑trial detention, granted bail subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 85, 80(2), 92 CrPC and the D.P. Act in view of the circumstances of the case.
- Whether the post‑mortem findings and the hostile witness create a presumption of innocence sufficient for bail.
- Whether the applicant’s prolonged pre‑trial detention and gender warrant the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 80(2), 85, 92
- D.P. Act — s. 3, 4
Subjects
- bail
- suicide
- hostile witness
- pre‑trial detention
- Criminal Procedure Code
- gender
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15589 of 2026
Smt Chhavi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Bhushan Prasad, Dhirendra
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed by the applicant is taken on record.
2. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and
Dr. S.B. Maurya, learned AGA-I for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 398 of 2025, under Sections 85, 80(2), 92 BNS
and Section 3/4 D.P. Act, Police Station Nai Mandi, District Muzaffar
Nagar during pendency of the trial.
4. Learned counsel for the applicant submits, applicant is married sister-in-
law of the deceased and on the basis of false allegation she has been made
accused in the present matter. He further submits, post mortem report
suggests that deceased died due to hanging and even apart from the ligature
mark it appears, she did not sustain any other injury and even her Hyoid
bone was found intact, therefore, it appears to be a case of suicidal death.
5. He further submits, even during trial father of the deceased i.e. informant
of the case did not support the prosecution case and has been declared
hostile and his statement recorded before the trial court has been annexed
along with supplementary affidavit.
6. He further submits, applicant is a lady and she is in jail since 18.08.2025
i.e. for last more than eight months.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute
BAIL No. 15589 of 2026
2
the argument on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the
case.
9. Considering the argument advanced by learned counsel for the applicant
and the fact that applicant is married sister-in-law of the deceased and from
the post mortem prima facie it appears to be a case of suicidal death and
during trial even informant i.e. father of the deceased has been declared
hostile and applicant is a lady and she is in jail since 18.08.2025 i.e. for last
more than eight months, in my view, applicant is entitled to be released on
bail.
10. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
11. Let the applicant - Smt Chhavi be released on bail in the aforesaid case
on 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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
12. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
13. 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.
May 7, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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