Allahabad High Court

PRABHA DEVIversusSTATE OF U.P.

Decided: 18 March 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Prabha Devi, who was accused in a case of alleged homicide under Sections 85, 80(2) of the CrPC and Sections 3/4 of the D.P. Act. The applicant, the mother‑in‑law of the deceased, argued that the death was a suicide by hanging and that there were no specific allegations against her, noting that the co‑accused father‑in‑law had already been released on bail. The State opposed bail but did not dispute the factual submissions. The Court, noting the lack of a specific charge, the applicant's clean record, her gender, and the fact that the father‑in‑law had been bailed, held that she was entitled to bail. Without commenting on the merits, the Court ordered her release on bail subject to a personal bond, two sureties and standard conditions, and clarified that the order does not affect the trial's merits.

Issues considered

Whether bail should be granted to the accused under Sections 85 and 80(2) of the CrPC and Sections 3/4 of the D.P. Act given the circumstances of the case
Whether the absence of specific allegations against the applicant and the alleged suicide nature of the death justify bail
Whether the applicant's gender and clean criminal record are relevant factors for bail

Legislation cited

Code of Criminal Procedure — s. 80(2), 85
D.P. Act — s. 3, 4

Subjects

bail
Criminal Procedure Code
Section 85
Section 80(2)
D.P. Act
suicide
gender considerations
clean criminal record

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 9397 of 2026

Prabha Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Arun Kumar Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 67
HON'BLE SAMEER JAIN, J.

1. Heard Sri Arun Kumar Tripathi, learned counsel for the applicant and Sri
Kunwar Tejandra Bahadur, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 146 of 2025, under Sections 85, 80(2) BNS and
Section 3/4 D.P. Act, Police Station Merapur, District Farrukhabad during
pendency of the trial.

3. Learned counsel for the applicant submits, applicant is mother-in-law of
the deceased and on the basis of false and general allegation she has been
made accused in the present matter along with co-accused Pradeep, the
father-in-law of the deceased and he has been released on bail by this Court
and his bail order has been annexed at page-67 of the paper-book and as far
as allegations are concerned the case of applicant is at par with him.

4. He further submits, even post mortem report suggests that decease died
due to hanging, therefore, prima facie it appears to be a case of suicidal
death.

5. He further submits, applicant is a lady and there is no specific allegation
against her and she is not having any criminal history and in the present
matter she is in jail since 17.01.2026.

6. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.

7. I have heard learned counsel for the parties and perused the record of the
case.
BAIL No. 9397 of 2026
2

8. Considering the fact that applicant is mother-in-law of the deceased and
there is no specific allegation against her and deceased died due to hanging
and father-in-law of the deceased has been released on bail by this Court and
applicant is a lady and she is not having any criminal history and in the
present matter she is in jail since 17.01.2026, in my view, applicant is
entitled to be released on bail.

9. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.

10. Let the applicant - Prabha Devi be released on bail in the aforesaid case
on 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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

11. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.

12. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.

March 19, 2026
AK Pandey
(Sameer Jain,J.)

Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad

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