Allahabad High Court
MITIYA @ MITHIYAversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court of Allahabad considered a bail application filed by Mitiya, the mother‑in‑law of a woman who died by self‑immolation, under Sections 80(2), 85 of the Evidence Act and Sections 3 and 4 of the Dowry Prohibition Act. The applicant argued that the dying declaration implicated only the husband, that there was no material showing she harassed the deceased for dowry, and that she had no criminal record, warranting bail under Section 480 of the Bail Act. The State opposed bail but did not dispute the factual background. Relying on the need to decongest prisons, the nature of the alleged offence, and precedents such as Kapil Wadhawan v CBI (2025), Maya Tiwari v State of U.P. (2024), and the Supreme Court’s policy on bail, the court granted bail with standard conditions. The order directed verification of identity, surety requirements, and electronic transmission of the bail order to the jail.
Issues considered
- Whether the applicant, a mother‑in‑law, is entitled to bail in a dowry‑death case despite the presumption under the Dowry Prohibition Act.
- Whether the material on record is sufficient to sustain the presumption of dowry harassment and justify denial of bail.
- Whether considerations of jail overcrowding and Supreme Court bail policy warrant granting bail.
Legislation cited
- Bail Act — s. 480
- Dowry Prohibition Act — s. 3, 4
- Indian Evidence Act, 1872 — s. 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry harassment
- mother‑in‑law
- criminal procedure
- overcrowded prisons
- Section 80 Evidence Act
- Section 85 Evidence Act
- Dowry Prohibition Act
- gender considerations
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32579 of 2026
Mitiya @ Mithiya
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shubham Pandey, learned counsel for the applicant, Sri Roshan Kumar
Singh, 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.237 of 2026, under Sections 80(2), 85 BNS and
Section 3/4 Dowry Prohibition Act, Police Station Jahangirabad, District-
Bulandshahar.
3. Contention of learned counsel for the applicant is that the applicant is mother-in-
law of the deceased, who committed suicide by setting herself on fire after a petty
dispute over household issues. It is further submitted that from perusal of dying
declaration of the deceased, it is clear that specification allegation has been made
against husband and there is no allegation against the applicant and other family
members. 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 18.06.2026. 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.
5. Considering the entire facts and circumstances of the case, submissions of learned
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counsel for the parties and taking into account 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- Mitiya @ Mithiya 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 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.
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12. Office is directed to send a copy of this order to the applicant through
Bulandshahr 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 14, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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