Allahabad High Court
SMT BABITAversusSTATE OF U.P.
- Decided
Holding
The court granted bail to Smt Babita, holding that she is entitled to release on bail pending trial.
Summary
Smt Babita, the mother‑in‑law of a woman who died by suicide, was charged under IPC Sections 80(2), 85, 123(2) and Sections 3 and 4 of the Dowry Prohibition Act. She contended that she was falsely implicated, that there was no material to establish a dowry‑death presumption, and that she had no criminal record. The State opposed bail but did not dispute the factual background. The court, considering the nature of the offences, lack of incriminating evidence, the applicant’s personal circumstances, and the policy of decongesting jails, referred to recent Supreme Court precedents on bail. Without expressing any view on the merits, the judge ordered that bail be granted on the condition of a personal bond and sureties. The order also prescribed procedural safeguards for verification and release.
Issues considered
- Whether bail should be granted to the accused under Sections 80(2), 85, 123(2) IPC and Sections 3/4 Dowry Prohibition Act in view of the alleged lack of material and the presumption of dowry death.
- Whether the applicant’s personal circumstances and the policy of jail decongestion justify bail despite the seriousness of the alleged offences.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 123(2), 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry death
- IPC
- Dowry Prohibition Act
- jail decongestion
- criminal procedure
- overcrowded prisons
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28989 of 2026
Smt Babita
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhir Kumar Agarwal
Counsel for Opposite Party(s) : G.A., Rahul Kumar Tiwari, Sanjay
Kumar Srivastava
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant, Sri
Roshan Kumar 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. 203 of 2026, under Sections 80(2),
85, 123(2) BNS and Section 3/4 D.P. Act, P.S. Khatauli, District
Muzaffar Nagar, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant is
the mother-in-law of the deceased, who committed suicide by consuming
poisonous substance herself after a petty dispute over household issues.
The applicant has been falsely implicated merely being the 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 her 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 seven years of marriage, there
must be sufficient material to show that the deceased was subjected to
cruelty soon before her death, but there is no such material.
4. It is lastly submitted that charge-sheet has been filed by the police,
therefore, there is no requirement for custodial interrogation. It is further
BAIL No. 28989 of 2026
2
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. The
applicant is a law abiding citizen and she is languishing in jail since
16.07.2026. 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 the mother-in-law of the deceased 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.,
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.
7. Let the applicant- Smt Babita, 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. 28989 of 2026
3
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. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Muzaffar Nagar 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.
14. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
September 23, 2026
SA/S.C.
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
Checking your session…