Allahabad High Court
AMANAversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the applicant, holding that she is entitled to release on personal bond with conditions.
Summary
Amana, 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 prior to the death, and that the charge sheet had already been filed, negating the need for custodial interrogation. The State opposed bail but did not dispute the factual background. Relying on the Supreme Court’s guidelines in Kapil Wadhawan (2025) and Maya Tiwari (2024), as well as recent policy directives on bail, the court held that, given the applicant’s gender, lack of criminal history, and the nature of the offence, she was entitled to bail. The court ordered her release on personal bond with two sureties and imposed standard bail conditions.
Issues considered
- Whether the presumption of dowry death applies in the present case lacking evidence of cruelty.
- Whether the applicant, a mother‑in‑law, merits bail despite the serious nature of the charges under the B.N.S. and Dowry Prohibition Act.
- Whether the existence of a charge sheet obviates the need for custodial interrogation for bail considerations.
Legislation cited
- B.N.S. — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- mother‑in‑law
- suicide
- criminal procedure
- women's rights
- overcrowded jails
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34915 of 2026
Amana
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Zafeer Ahmad
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Sandeep Kumar Srivastava, learned counsel for the
applicant, Sri Zafeer Ahmad, learned counsel for the first informant
and 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.249 of 2026, Under Sections-
85, 80(2) B.N.S., & 3/4 Dowry Prohibition Act, Police Station-Didoli,
District-J.P.Nagar(Amroha), 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 sufficient 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 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
BAIL No. 34915 of 2026
2
24.06.2026. 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 counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
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- Amana, 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.
BAIL No. 34915 of 2026
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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.
12. Office is directed to send a copy of this order to the applicant
through Bijnor 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.
(Arun Kumar Singh Deshwal,J.)
September 30, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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