Allahabad High Court
SUSHAMAversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Sushama, the unmarried sister‑in‑law of a woman who had died by suicide, under Sections 85 and 80(2) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The applicant argued that she was falsely implicated, that there was no specific evidence of dowry harassment against her, and that she had no criminal record. The State opposed bail but did not dispute the factual background. The Court, noting the lack of material linking the applicant to the alleged dowry harassment, the principle that a presumption of dowry death requires proof of cruelty, the applicant’s clean record, and the policy considerations of jail overcrowding and Supreme Court precedents, granted bail with conditions. The order directed verification of identity, bond execution, and electronic communication of the release order.
Issues considered
- Whether the applicant, Sushama, is entitled to bail despite being charged under the Dowry Prohibition Act and B.N.S. provisions.
- Whether the presumption of dowry death applies in the present case given the absence of specific evidence of cruelty.
- Whether the applicant’s lack of prior criminal record and the policy of decongesting prisons justify bail.
Legislation cited
- B.N.S. — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- criminal procedure
- overcrowded jails
- 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. - 33314 of 2026
Sushama
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Arvind Kumar Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Arvind Kumar Maurya, learned counsel for the applicant, Sri
Roshan Kumar 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. 174 of 2026, under Sections 85, 80(2) of
B.N.S., and Section 3/4 Dowry Prohibition Act, Police station Kachhawa,
District Mirzapur, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant is the
unmarried sister-in-law (nanad) of the deceased, who committed suicide by
hanging herself at her parental home after a petty dispute over household
issues. It is further submitted that the deceased also left a suicide note,
wherein a general allegation has been made against all the family members,
including the present applicant, regarding harassment of the deceased over
household issues, but a specific allegation of harassment has been made
against the mother-in-law of the deceased. The applicant has been falsely
implicated merely because she is the unmarried sister-in-law (nanad) of the
deceased, though there is no allegation of harassment of the deceased for
non-fulfillment of the demand of dowry, nor is there any sufficient material
against her to show that she harassed the deceased for non-fulfillment of the
demand of dowry prior to her 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 the presumption of dowry death in a case
of death under unnatural circumstances within seven years of marriage, there
must be sufficient material to show that the deceased was subjected to cruelty
soon before her death, but there is no such material.
4. It is lastly submitted that the charge-sheet has been filed by the police;
therefore, there is no requirement for custodial interrogation. It is further
submitted that the applicant has no criminal history and, being a lady, she is
BAIL No. 33314 of 2026
2
entitled to be released on bail in view of Section 480 BNSS. The applicant is a
law-abiding citizen and has been languishing in jail since 01.08.2026. In case
she is granted bail, she will not misuse the liberty of bail and would cooperate
in the trial proceedings.
5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and taking into account the fact that applicant
is the unmarried sister-in-law (nanad) of the deceased and also keeping in
view the nature of offence, evidence, complicity of the accused and also 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., 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.
7. Let the applicant- Sushama, 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
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.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by her.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified
by the court concerned before the bonds are accepted.
BAIL No. 33314 of 2026
3
10. Verification of mobile number and Aadhaar card of the applicant as well as
sureties should be verified by the court concerned.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through Jail
Superintendent, Mirzapur 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.
14. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
September 18, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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