Allahabad High Court
SHAHINversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Shahin, the mother‑in‑law of a woman who died by suicide, was charged under Sections 85 and 80(2) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. She contended that she was falsely implicated, that there was no material showing cruelty or dowry demand before the death, and that a co‑accused had already been released on bail. The State opposed bail but did not dispute the factual background. The court, considering the applicant’s gender, the nature of the alleged offence, the lack of substantive evidence, the principle of parity with the co‑accused, and the need to decongest jails, referred to Supreme Court precedents on bail. Without expressing an opinion on guilt, the judge ordered that Shahin be released on bail subject to standard conditions.
Issues considered
- Whether the applicant, a mother‑in‑law charged under the Dowry Prohibition Act and B.N.S., is entitled to bail pending trial.
- Whether the presumption of dowry death applies in the absence of material showing cruelty before the suicide.
- Whether parity with a co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
- B.N.S. — s. 480(1), 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- criminal procedure
- gender
- jail overcrowding
- parity principle
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33934 of 2026
Shahin
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Asif Hasan, Tufail Hasan
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Tufail Hasan, 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. 674 of 2026, under Section 85,80(2), B.N.S. and Section 3/4
Dowry Prohibition Act, Police Station South, District- Firozabad, during the pendency
of the trial.
3. Contention of learned counsel for the applicant is that the applicant is 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
mother-in-law of the deceased, though there is no 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 further submitted that
co-accused Israr Husain, has already been released on bail by a coordinate Bench of
this Court in Criminal Misc. Bail Application No.33437 of 2026 vide order dated
21.09.2026. Therefore, the applicant is also entitled to be released on bail on the
ground of parity. It is further 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(1) BNSS. The applicant is languishing in jail
since 17.08.2026. In case, she is granted bail, she will not misuse the liberty of bail
and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
BAIL No. 33934 of 2026
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5. 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 (mother-in-
law) 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. 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- Shahin, 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.
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 and Aadhaar card of the applicant as well as sureties
should be verified by the court concerned.
10. 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.
11. 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.
BAIL No. 33934 of 2026
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12. Office is directed to send a copy of this order to the applicant through Firozabad
Jail Superintendent 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.
September 30, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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