Allahabad High Court
SAMVATIversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The applicant, Samvati, mother‑in‑law of a woman who died by suicide after a domestic dispute, was charged under Sections 80(2) and 85 of the B.N.S. Act and Sections 3 and 4 of the Dowry Prohibition Act. She contended that she was falsely implicated, that there was no material to establish 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, considering the nature of the offence, the lack of incriminating material, the applicant’s gender, jail overcrowding, and recent Supreme Court and High Court precedents on bail, granted bail without commenting on the merits. The order directed the applicant to furnish a bond with sureties and imposed standard bail conditions, and the application was disposed.
Issues considered
- Whether bail should be granted to the accused under Sections 80(2), 85 of the B.N.S. Act and Sections 3, 4 of the Dowry Prohibition Act in the absence of material establishing a dowry‑death presumption.
- Whether the applicant’s gender, lack of criminal history, and jail overcrowding justify bail.
Legislation cited
- B.N.S. Act — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- criminal procedure
- overcrowded jails
- gender considerations
- Sections 80(2) B.N.S.
- Section 85 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. - 32652 of 2026
Samvati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhand Pratap Singh, Shobhit Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sobhit Yadav, learned counsel for the applicant, Sri Ram
Kumar Verma, 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. 90 of 2026, under
Sections 80(2), 85 of B.N.S. and 3/4 D.P. Act, Police Station- Zafarganj,
District- Fatehpur.
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 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 27.05.2026. 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
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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- Samvati 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
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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
Fatehpur 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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