Allahabad High Court
CHANDRAWATI DEVIversusSTATE OF U.P.
- Decided
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 Chandrawati Devi, the mother‑in‑law of a woman who had died by suicide following a domestic dispute. The applicant argued that she was falsely implicated in a dowry‑death case under Sections 85, 80(2) of the BNS Act and Section 4 of the Dowry Prohibition Act, with no material showing cruelty or harassment prior to the death, and that she had no criminal record. The State opposed bail but did not dispute the factual background. Weighing the lack of incriminating evidence, the applicant’s gender, the nature of the offence, and the policy considerations of overcrowded jails and Supreme Court precedents, the Court granted bail without commenting on the merits. The order imposed standard bail conditions and directed procedural steps for her release.
Issues considered
- Whether the applicant, a mother‑in‑law, is entitled to bail under Sections 85, 80(2) of the BNS Act and Section 4 of the Dowry Prohibition Act in the absence of material establishing dowry‑related cruelty.
- Whether the presumption of dowry death applies when the deceased’s suicide lacks evidentiary support of prior harassment.
- Whether the applicant’s gender, lack of criminal history, and the state of prison overcrowding justify granting bail.
Legislation cited
- BNS Act — s. 480, 80(2), 85
- Dowry Prohibition Act — s. 4
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- gender
- overcrowded prisons
- Section 80
- Section 85
- Section 4 Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 18636 of 2026
Chandrawati Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Buddha Prakash
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Buddha Prakash, learned counsel for the applicant, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 10 of 2026, under
Sections 85, 80(2) BNS and 4 D.P. Act, Police Station- Rewati, District-
Ballia.
3. Contention of learned counsel for the applicant is that the applicant is
mother-in-law of the deceased, who committed suicide by hanging herself
after a petty dispute over household issues. The applicant has been falsely
implicated merely being mother-in-law of the deceased, though there is no
sufficient material against her to show that she harassed the deceased for
non- fulfillment of demand of dowry prior to death. The applicant has been
falsely implicated by making general and vague allegations along with other
family members. It is further submitted that for invoking presumption of
dowry death in case of death under unnatural circumstances within 7 years
of marriage, there must be sufficient material to show that the deceased was
subjected to cruelty soon before the death, but there is no such material. It is
lastly submitted that the applicant has no criminal history and being a lady,
she is entitled to be released on bail in view of Section 480 BNSS. She is
languishing in jail since 12.01.2026. In case, she is granted bail, she will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid facts.
BAIL No. 18636 of 2026
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5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and taking into account the first statement and
additional statement of the first informant and statement of other witnesses;
coupled with the fact that the applicant is lady (mother-in-law) and keeping
in view the nature of offence, evidence, complicity of accused and 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. Accordingly, the present application is
allowed.
6. Let the applicant- Chandrawati Devi 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 her 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 him.
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 as well as Aadhar Card of the applicant
BAIL No. 18636 of 2026
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and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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 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
Mau Jail Superintendent via e-mail or 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 in the case of 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.
13. Application, if any, stands disposed of.
September 18, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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