Allahabad High Court
URMILA DEVIversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Urmila Devi, the mother‑in‑law of a woman who died by suicide after a brief scuffle with her husband. The FIR did not originally name Urmila Devi, but she was later implicated under Sections 80(2) and 85 of the B.N.S. and the Police 3/4 D.P. Act. Her counsel argued there was no material linking her to the alleged dowry‑related cruelty and that she had no prior criminal record. The State opposed bail but did not dispute the factual background. Relying on precedents concerning bail jurisprudence and the need to avoid overcrowded jails, the court held that she was entitled to bail, subject to standard conditions. Consequently, the bail application was allowed and the order directed her release on personal bond and sureties.
Issues considered
- Whether the applicant, Urmila Devi, should be granted bail in a case involving alleged dowry‑related cruelty and suicide under the B.N.S. and Police 3/4 D.P. Act.
- Whether the presumption of dowry death applies given the lack of material showing cruelty by the applicant.
Legislation cited
- B.N.S. — s. 80(2), 85
- Police 3/4 D.P. Act
Subjects
- bail
- dowry death
- suicide
- presumption of dowry death
- criminal procedure
- women's rights
- overcrowded jails
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32647 of 2026
Urmila Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Siddharth Saran
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Siddharth Saran, learned counsel for the applicant, Sri D.P.S.
Chaughan, 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. 153 of 2026, under
Sections 80 (2), 85 B.N.S. and Police 3/4 D.P. Act, Station- Nagar, District-
Basti.
3. Contention of learned counsel for the applicant is that the applicant is
mother-in-law of the deceased, who committed suicide by hanging after
brief scuffling with her husband. It is further submitted that even in the FIR,
no allegation was made against the applicant. Subsequently after death of the
deceased, the applicant has been falsely implicated by making general
allegation though it is clear from the statement of witnesses that at the time
of incident, the applicant was not present in the house. It is further submitted
that specific allegation of beating the deceased with lathi and danda and
subsequently committed suicide, against the husband and 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. 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
BAIL No. 32647 of 2026
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released on bail in view of Section 480 BNSS. She is languishing in jail
since 23.07.2026. 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.
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- Urmila 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 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.
BAIL No. 32647 of 2026
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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.
12. Office is directed to send a copy of this order to the applicant through
Basti 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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