Allahabad High Court
SMT VIDHYARANIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
Smt Vidhyarani, the mother‑in‑law of a woman who died by suicide, was charged under Sections 80(2), 85 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 dowry harassment, and that bail should be granted on the basis of parity with a co‑accused who had already been released. The State opposed bail but did not dispute the factual background. The Court, noting the nature of the offence, lack of incriminating material, the applicant’s gender, absence of criminal history, jail overcrowding, and recent Supreme Court and High Court precedents, held that bail was appropriate without expressing an opinion on the merits. Accordingly, the bail application was allowed subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether the applicant is entitled to bail under Sections 80(2), 85 of the B.N.S. and Sections 3/4 of the Dowry Prohibition Act despite the presumption of dowry death.
- Whether the lack of material evidence and the principle of parity with a co‑accused who obtained bail justify granting bail.
- Whether the applicant’s gender, lack of criminal record, and jail overcrowding influence the bail decision.
Legislation cited
- B.N.S. — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry
- gender considerations
- jail overcrowding
- parity
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34998 of 2026
Smt Vidhyarani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vaibhav Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vaibhav Gupta, learned counsel for the applicant, Sri Himanshu
Kumar, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.68 of 2026, under
Sections 80(2), 85 B.N.S. and 3/4 Dowry Prohibition Act, Police Station-
Khanna, District- Mahoba.
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 co-accused Bardani (father-in-law of the deceased)
has been granted bail by this Court in Criminal Misc. Bail Application
No.34480 of 2026 vide order dated 28.09.2026. Therefore, the applicant is
entitled to be released on bail on the ground of parity. It is lastly 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 BNSS. She is languishing in jail
BAIL No. 34998 of 2026
2
since 17.07.2026. In case, she is granted bail, she will not misuse the liberty
of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State 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 the
applicant is lady (mother-in-law) and keeping in view the nature of offence,
evidence, complicity of 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. 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- Smt. Vidhyarani 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 her 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.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 34998 of 2026
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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 as well as Aadhar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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 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
Mahoba Jail Superintendent via e-mail or 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 in the case of 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.
13. Application, if any, stands disposed of.
September 30, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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