Allahabad High Court
SMT LALPATIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Smt Lalpati, the mother‑in‑law of a woman who died by suicide, was charged under Sections 85 and 80(2) of the B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act. She contended that she was falsely implicated, that there was no material to establish cruelty or a dowry‑death presumption, and that she had no prior criminal record. The State opposed bail but did not dispute the factual background. The Court, noting the applicant’s gender, the non‑violent nature of the alleged offence, the overcrowding of jails, and recent Supreme Court and High Court precedents on bail, decided to grant bail without commenting on the merits. Accordingly, the bail application was allowed subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether the applicant, Smt Lalpati, is entitled to bail during trial under Sections 85 and 80(2) B.N.S., 2023 and Sections 3/4 Dowry Prohibition Act.
Legislation cited
- B.N.S., 2023 — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- criminal procedure
- women's rights
- overcrowded prisons
- presumption of dowry death
- Section 85 B.N.S.
- Section 80(2) B.N.S.
- Section 3 Dowry Prohibition Act
- Section 4 Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32627 of 2026
Smt Lalpati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarvanand Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sarvanand Pandey, learned counsel for the applicant, Sri
Rakesh Kumar Mishra, 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. 116 of 2026, under
Sections 85 and 80(2) B.N.S., 2023 and 3/4 D.P. Act, P.S.-Patherwa,
District-Kushinagar.
3. Contention of learned counsel for the applicant is that the applicant is
mother-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 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 14.07.2026. 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.
BAIL No. 32627 of 2026
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5. Considering the entire facts and circumstances of the case, submissions of
learned 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- Smt. Lalpati 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.
BAIL No. 32627 of 2026
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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.
12. Office is directed to send a copy of this order to the applicant through
Kushinagar 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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