Allahabad High Court
UMA RAM AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The court held that the applicants are entitled to bail and allowed the bail application.
Summary
Uma Ram and Lal Devi, the father‑in‑law and mother‑in‑law of a woman who died by suicide, were charged under Sections 80(2), 85 of the B.N.S. 2023 and Sections 3 and 4 of the Dowry Prohibition Act. They contended that there was no material linking them to any dowry harassment and that the presumption of dowry death could not be invoked. The State opposed bail but did not dispute the factual background. The High Court, considering the lack of incriminating evidence, the applicants' clean record, the overcrowding of jails and recent Supreme Court guidelines on bail, allowed the bail application without commenting on the merits. The court ordered their release on bail subject to standard conditions and procedural safeguards.
Issues considered
- Whether bail should be granted to the accused under Sections 80(2), 85 of the B.N.S. 2023 and Sections 3/4 of the Dowry Prohibition Act in view of the alleged dowry‑death presumption.
- Whether the material on record is sufficient to justify continued detention pending trial.
Legislation cited
- B.N.S., 2023 — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- criminal procedure
- overcrowded jails
- Section 80
- Section 85
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34097 of 2026
Uma Ram And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pankaj Dwivedi, learned counsel for the applicants, Sri
Anand Pratap 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
applicants on bail in Case Crime No. 130 of 2026, under Sections 80(2),
85 B.N.S. 2023 and Section 3/4 Dowry Prohibition Act, P.S. Birno,
District Ghazipur, during the pendency of the trial.
3. Contention of learned counsel for the applicants is that the applicants
are the father-in-law and mother-in-law of the deceased, who committed
suicide by hanging herself after a petty dispute over household issues. The
applicants have been falsely implicated merely being the father-in-law
and mother-in-law of the deceased, though there is no sufficient material
against them to show that they harassed the deceased for non-fulfillment
of demand of dowry prior to her death. The applicants have 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. The
applicants have no criminal history and they are languishing in jail since
BAIL No. 34097 of 2026
2
25.06.2026. In case, they are granted bail, they 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 the
applicants are the father-in-law and mother-in-law of the deceased and
keeping in view the nature of offence, evidence, complicity of the accused
and 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 applicants are entitled to be enlarged on
bail. Accordingly, the present application is allowed.
7. Let the applicants- Uma Ram and Lal Devi, involved in the
aforementioned crime be released on bail, on their furnishing personal
bonds and two sureties each in the like amount, to the satisfaction of the
court concerned, with the following conditions:-
i. The applicants 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 applicants shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicants shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicants shall attend in accordance with the conditions of the
bond executed by them.
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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 applicants and sureties be
verified by the court concerned before the bonds are accepted.
10. Verification of mobile number and Aadhaar card of the applicants as
well as sureties should be verified by the court concerned.
11. It is made clear that the applicants 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 applicants.
13. Office is directed to send a copy of this order to the applicants through
Jail Superintendent, Ghazipur 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 24, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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