Allahabad High Court
MANJUversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
Manju, the mother‑in‑law of a woman who died by suicide, was charged under Sections 85, 80(2) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. She contended that the first informant’s statement was hostile, there was no material linking her to any dowry harassment, and the presumption of dowry death could not be invoked. The State opposed bail but did not dispute these factual contentions. The Court, noting the applicant’s gender, lack of criminal history, the nature of the offence, the absence of substantive evidence, and the need to decongest jails, relied on recent Supreme Court precedents and granted bail with conditions. The bail order was issued, directing verification of identity and electronic transmission of the order.
Issues considered
- Whether bail should be granted to the accused under Sections 85, 80(2) IPC and the Dowry Prohibition Act in the absence of substantive evidence.
- Whether the presumption of dowry death applies in the present facts.
- Whether the applicant’s gender and lack of criminal record warrant bail despite the seriousness of the charges.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 480, 80(2), 85
Subjects
- bail
- dowry death
- presumption of dowry death
- IPC Section 85
- IPC Section 80(2)
- Dowry Prohibition Act
- gender
- jail overcrowding
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33338 of 2026
Manju
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar, Ashutosh Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ashutosh Shukla, learned counsel for the applicant, Sri DPS
Chauhan, 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. 85 of 2026, under Sections 85, 80(2)
BNS and Section 3/4 D.P. Act, P.S. Chandpa, District Hathras, 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 committed suicide by hanging
herself after a petty dispute over household issues. It is also submitted that
the first informant in her statement recorded before the trial court did not
support the prosecution story and she was declared hostile. 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
BAIL No. 33338 of 2026
2
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
21.04.2026. 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 a lady 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- Manju, 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.
BAIL No. 33338 of 2026
3
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.
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, Aligarh 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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