Allahabad High Court
JOGI SAHANI AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The court held that, in the absence of sufficient material to support the presumption of dowry death and considering the Apex Court’s bail guidelines, the applicants are entitled to bail.
Summary
The applicants, the father‑in‑law and mother‑in‑law of a woman who died by suicide, were charged under Sections 85 and 80(2) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. They contended that there was no material to show they harassed the deceased or that the presumption of dowry death applied. The State opposed bail but did not dispute the factual background. Relying on the Supreme Court’s guidelines in Kapil Wadhawan and Maya Tiwari, as well as concerns of jail overcrowding, the court found the evidence insufficient to justify continued detention. Consequently, the bail application was allowed with standard conditions. The applicants were ordered to be released on bail upon furnishing a bond and sureties.
Issues considered
- Whether the presumption of dowry death can be invoked in the present case.
- Whether the material on record justifies denial of bail under Sections 85, 80(2) IPC and the Dowry Prohibition Act.
- Whether the guidelines of the Apex Court on bail and jail overcrowding warrant granting bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry death
- IPC Section 85
- IPC Section 80(2)
- Dowry Prohibition Act
- overcrowded jails
- Supreme Court guidelines
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31480 of 2026
Jogi Sahani And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhir Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicants
and 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 applicants on bail in Case Crime No. 187 of 2026, Under
Sections-85, 80(2) BNS and section 3/4 of Dowry Prohibition Act,
Police Station-Pharenda, District-Maharajganj, during the pendency
of the trial.
3. Contention of learned counsel for the applicants is that the
applicant no.1 is father-in-law and applicant no.2 is mother-in-law of
the deceased, who committed suicide by hanging herself after a petty
dispute over household issues. The applicants have been falsely
implicated merely being father-in-law and mother-in-law of the
deceased, though there is no sufficient material against them to show
that they harassed the deceased for non-fulfillment of demand of
dowry prior to death. The applicants have 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 charge sheet has been
BAIL No. 31480 of 2026
2
filed by the police, therefore, there is no requirement for custodial
interrogation. The applicants have no criminal history and applicant
no.1 is languishing in jail since 11.07.2026 and applicant no.2 is
languishing in jail since 20.07.2026. In case, they are granted bail,
they will not misuse the liberty of bail and will cooperate in the trial
proceedings.
4. 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 keeping in view
the nature of offence, evidence, complicity of the accused (father-in-
law and mother-in-law) 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
applicants are entitled to be enlarged on bail. Accordingly, the
present application is allowed.
6. Let the applicants- Jogi Sahani and Israwati @ Indrawati,
involved in the aforementioned crime be released on bail, on their
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 applicants 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 them from disclosing such facts to the Court or to
any police officer or tamper with the evidence.
ii. The applicants shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
BAIL No. 31480 of 2026
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iii. The applicants shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicants shall attend in accordance with the conditions of
the bond executed by them.
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 applicants and sureties
be verified by the court concerned before the bonds are accepted.
9. Verification of Aadhaar card as well as mobile number of the
applicants and sureties should also be conducted by the court
concerned.
10. It is made clear that the applicants 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 applicants.
12. Office is directed to send a copy of this order to the applicant
through Maharajganj 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.
(Arun Kumar Singh Deshwal,J.)
September 8, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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