Allahabad High Court
SMT. JAMEELAversusSTATE OF U.P.
- Decided
- Bench
- DEEPAK VERMA
Holding
The bail application was denied as the Court found the case unsuitable for bail at this stage.
Summary
The High Court of Allahabad considered a bail application filed by Smt. Jameela, the mother‑in‑law of the deceased, in Crime No.152 of 2023, which alleged her involvement under Sections 498‑A, 323 and 304‑B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The applicant contended that she was falsely implicated, that prosecution witnesses had already been examined and that no prima facie case existed against her. The prosecution relied on statements of three witnesses and a dying declaration that attributed the act of setting the deceased on fire to the applicant, the victim having suffered 92‑94% burn injuries. The Court evaluated the seriousness of the offences, the evidence indicating the applicant’s complicity, and the gravity of the alleged crime. Concluding that the case was not suitable for bail at this stage, the Court rejected the bail application on 5 May 2026.
Issues considered
- Whether bail can be granted to the accused despite the serious nature of the offences under IPC and the Dowry Prohibition Act
- Whether the evidence on record establishes a prima facie case justifying denial of bail
- Whether the gravity and alleged complicity of the accused warrant continued custody
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304-B, 323, 498-A
Subjects
- bail
- dowry death
- IPC 498-A
- IPC 304-B
- IPC 323
- Dowry Prohibition Act
- arson
- homicide
- mother-in-law
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44656 of 2025
Smt. Jameela
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar Kanojia
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
Pleadings have been exchanged between the parties.
Heard Sri Rajesh Kumar Kanojia, learned counsel for the applicant and
learned AGA for the State.
This bail application has been filed with the prayer to release the applicant
on bail in Case Crime No.152 of 2023, under Sections 498-A, 323, 304-B
I.P.C. & 3/4 D.P. Act, Police Station Mandi, District Saharanpur.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that the applicant is the mother-in-law of the deceased and is in judicial
custody since 03.06.2023. Learned counsel further submits that
prosecution witnesses P.W.-1 and P.W.-2 have already been examined
and the cross-examination of P.W.-3 is presently going on. It is contended
that prima facie no offence is made out against the applicant.
Per contra, learned AGA oppose the prayer for bail.
From the record, it appears that the applicant is the mother-in-law of the
deceased and a specific role of setting the deceased on fire has been
assigned to her. It also transpires from the statements of P.W.-1, P.W.-2
and P.W.-3 that the deceased died due to extensive burn injuries. The
percentage of burn injuries sustained by the deceased is stated to be
between 92 to 94 percent. The dying declaration of the deceased was also
BAIL No. 44656 of 2025
2
recorded, wherein the main role has been attributed to the present
applicant.
Considering the facts and circumstances of the case, the nature and
gravity of the offence, the evidence available on record, the complicity of
the applicant and the specific allegations levelled against her, this Court
does not find it to be a fit case for grant of bail at this stage.
Accordingly, this bail application is rejected.
(Deepak Verma,J.)
May 5, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
Checking your session…