Allahabad High Court
RAMSAKHIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Ramsakhi, the mother‑in‑law of a woman who died by suicide, was charged under Sections 85, 80(2) of the BNS Act and Sections 3 and 4 of the Dowry Prohibition Act. She sought bail, arguing that there was no material linking her to any dowry harassment and that she was falsely implicated; she also cited the release of a co‑accused, Rajababu, on the ground of parity. The State opposed bail but could not dispute the factual background. The Court, considering the lack of substantive evidence, the principle of parity with the co‑accused, the nature of the offence, and the need to decongest prisons, relied on several Supreme Court and High Court precedents and granted bail with conditions. The order directed verification of identity, bond execution, and electronic transmission of the bail order.
Issues considered
- Whether the applicant is entitled to bail under Sections 85, 80(2) BNS and Sections 3/4 of the Dowry Prohibition Act despite the presumption of dowry death.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
- Whether the lack of material evidence and considerations of jail overcrowding justify bail.
Legislation cited
- BNS Act — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- parity
- overcrowded prisons
- Section 85 BNS
- Section 80(2) BNS
- Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33861 of 2026
Ramsakhi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Satya Prakash Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Vakalatnama filed by Ms. Gunjan Yadav, Advocate on behalf of the first
informant in the Court today is taken on record.
2. Heard Sri Satya Prakash Chaturvedi, learned counsel for the applicant, Ms.
Gunjan Yadav, learned counsel for the first informant, Sri Himanshu Kumar,
learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 54 of 2026, under Sections 85, 80(2) BNS
and Section 3/4 D.P. Act, P.S. Gohan, District Jalaun, during the pendency of
the trial.
4. 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. 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. It is
further submitted that co-accused Rajababu, who is the father-in-law of the
deceased, has already been released on bail by a coordinate Bench of this
Court in Criminal Misc. Bail Application No. 33620 of 2026 vide order dated
22.09.2026. Therefore, the applicant having an identical role, is also entitled to
be released on bail on the ground of parity. 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 explained
BAIL No. 33861 of 2026
2
the criminal history of two cases 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 11.07.2026. 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 counsel for the first informant as well as learned A.G.A.
for the State have 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 mother-in-law of the deceased as well as similarly situated co-accused
enlarged on bail 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- Ramsakhi, 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
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3
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, Jalaun 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 23, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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