ASHA PANDEYversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 33328 of 2026

Asha Pandey
                                                                  .....Applicant(s)
                                        Versus
State of U.P.
                                                             .....Opposite Party(s)

Counsel for Applicant(s)                          :    Sanjay Srivastava
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 66
                 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Sanjay Srivastava, learned counsel for the applicant, Sri
Himanshu Kumar, 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. 348 of 2025, under Sections 85, 80(2) of
B.N.S. and Section 3/4 Dowry Prohibition Act, Police Station Kalyanpur,
District Kanpur Nagar, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that the applicant is the
mother-in-law of the deceased, who died due to hanging and had several
injuries on her body, but specific allegations have been made against the
husband, father-in-law and brother-in-law (devar) of the deceased. The
applicant has been falsely implicated merely being the 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 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 presumption of dowry death in 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 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
entitled to be released on bail in view of Section 480 BNSS. The applicant is a
law abiding citizen and she is languishing in jail since 24.08.2025. In case, she
is granted bail, she will not misuse the liberty of bail and would cooperate in
the trial proceedings.
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5. Per contra, learned A.G.A., though vehemently opposed the prayer for bail
by submitting that the bail application of co-accused Shiv Mohan Pandey, who
is the father-in-law of the deceased, has already been rejected by this Court
vide order dated 07.07.2026 passed in Criminal Misc. Bail Application No.
14690 of 2026, 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 the
applicant is the mother-in-law of the deceased, as well as the fact that the
case of the present applicant is clearly distinguishable from that of the other
co-accused, namely, the husband, father-in-law and brother-in-law (devar) of
the deceased, and also keeping in view the nature of the offence, evidence,
complicity of the accused and also taking into account the overcrowded jails
and heavy pendency of criminal cases before the trial courts, as well as
considering the mandate of the judgment 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 the guidelines 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- Asha Pandey, 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.
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                                    9. Identity, status and residence proof of the applicant and sureties be verified
                                    by the court concerned before the bonds are accepted.

                                    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, Kanpur Nagar 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