Allahabad High Court
VINOD SAVITAversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Vinod Savita, the father‑in‑law of a woman who died by suicide, was charged under sections 80(2) and 85 of the Dowry Prohibition Act. He applied for bail, arguing that there is no material showing he harassed the deceased or that the presumption of dowry death applies. The prosecution opposed bail but did not dispute the factual background. The court, noting the lack of sufficient evidence, the applicant’s clean record, the overcrowding of jails, and recent Supreme Court and High Court guidelines on bail, granted the bail application without commenting on the merits of the case. The bail was conditioned on a personal bond, sureties, and compliance with several procedural safeguards.
Issues considered
- Whether the presumption of dowry death under the Dowry Prohibition Act is attracted in the present case.
- Whether there is sufficient material evidence to justify continued custody of the accused.
- Whether bail should be granted in view of the applicant’s personal circumstances and the court’s policy on overcrowded prisons.
Legislation cited
- Dowry Prohibition Act — s. 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry death
- Dowry Prohibition Act
- overcrowded prisons
- criminal procedure
- section 80
- section 85
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32454 of 2026
Vinod Savita
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhriguram Ji
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Bhriguram Ji, learned counsel for the applicant, Sri
Prashant Yadav, learned counsel for the first informant (upon
appearance filed today) and Sri Anand Pratap 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. 123/2026, U/S - 80(2) 85 Β.Ν.
S. & 3/4 D.P. Act, P. S. Prem Nagar, District Jhansi, during the
pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant
is father-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 father-in-law of the deceased,
though there is no sufficient material against him to show that he
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 charge sheet has been filed by the
police, therefore, there is no requirement for custodial interrogation.
BAIL No. 32454 of 2026
2
The applicant has no criminal history and he is languishing in jail
since 15.07.2026. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the first informant and learned
A.G.A. have 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 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- Vinod Savita, involved in the aforementioned
crime be released on bail, on his 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. 32454 of 2026
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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 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 Jhansi 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 14, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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