Allahabad High Court
TIJIYA DEVIversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
Tijiya Devi, the mother‑in‑law of a woman who died by suicide, was charged under Sections 80(2) and 85 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. She contended that she was falsely implicated, lacking any material showing she harassed the deceased for dowry, and that the presumption of dowry death required such evidence. The applicant also relied on the fact that a co‑accused in a similar position had already been released on bail, invoking parity. The State opposed bail but did not dispute the factual background. The Court, considering the nature of the offence, the absence of incriminating material, the applicant’s clean record, jail overcrowding, and precedent on bail, granted the bail application. The order directed the applicant to furnish a bond and sureties with standard conditions and directed electronic transmission of the release order.
Issues considered
- Whether bail should be granted to the accused under Sections 80(2), 85 of the B.N.S. and Sections 3/4 of the Dowry Prohibition Act in the absence of material establishing dowry harassment.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
- Whether the nature of the offence and the circumstances of the case justify bail despite the charge‑sheet being filed.
Legislation cited
- B.N.S. — s. 480, 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- criminal procedure
- parity
- overcrowded jails
- section 480 BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34175 of 2026
Tijiya Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Shashi Prakash Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shashi Prakash Misra, learned counsel for the applicant, 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
applicant on bail in Case Crime No. 218 of 2026, under Sections 80(2), 85 of
B.N.S. & Section 3/4 D.P. Act, Police Station Belharkala, District Sant Kabir
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 committed suicide by hanging herself
after a petty dispute over household issues. It is further submitted that
immediately after the incident, she was rushed to the hospital; however, she
died after six days of the incident in the hospital. 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 further submitted that co-accused Gulabi, who is the unmarried sister-
in-law (nanad) of the deceased, has already been released on bail by a
coordinate Bench of this Court in Criminal Misc. Bail Application No. 32863 of
2026 vide order dated 15.09.2026. 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
BAIL No. 34175 of 2026
2
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 31.07.2026. 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 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
applicant is the mother-in-law of the deceased as well as similarly situated co-
accused has been enlarged on bail 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 applicant is entitled to be enlarged on bail. Accordingly, the present
application is allowed.
7. Let the applicant- Tijiya Devi, involved in the aforementioned crime be
released on bail, on his 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 him.
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
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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, Sant Kabir 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 24, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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