Allahabad High Court
CHAMELI DEVIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Chameli Devi, the mother‑in‑law of a woman who died by suicide after a domestic dispute, was charged under sections 85, 80(2), 115(2) of the B.N.S. and sections 3/4 of the Dowry Prohibition Act. She contended that she was falsely implicated, that there was no material to support a presumption of dowry death, and that she had no criminal record. The State opposed bail but did not dispute the factual background. The High Court, considering the nature of the alleged offence, the lack of incriminating material, the applicant’s gender, the overcrowding of jails, and recent Supreme Court and High Court precedents on bail, granted the bail application without expressing an opinion on the merits. The court ordered her release on bail subject to a personal bond, sureties, and standard conditions.
Issues considered
- Whether the applicant, Chameli Devi, is entitled to bail pending trial for offences under the B.N.S. and Dowry Prohibition Act.
- Whether the presumption of dowry death applies in the present facts.
Legislation cited
- B.N.S. — s. 115(2), 480(1), 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- women's rights
- criminal procedure
- overcrowded jails
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31533 of 2026
Chameli Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pradeep Kumar, 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. 379 of 2026, Under sections
85, 80(2) 115(2) B.N.S. and Section 3/4 D.P. Act, Police Station-
Chandpur, District-Bijnor, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant
is mother-in-law of the deceased, who committed suicide by
consuming poisonous substance 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 further 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(1) BNSS. The
BAIL No. 31533 of 2026
2
applicant is languishing in jail since 25.06.2026. 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 (mother-in-law)
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. Accordingly, the present application is
allowed.
6. Let the applicant- Chameli 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 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. 31533 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 Bijnor 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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