Chandrawati Devi v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18636 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Buddha Prakash, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.

¶2Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 10 of 2026, under Sections 85, 80(2) BNS and 4 D.P. Act, Police Station-Rewati, District-Ballia.

¶3Contention 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 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 since 12.01.2026. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶4On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Buddha Prakash Counsel for Opposite Party(s) : G.A. Chandrawati Devi .....Applicant(s) State of U.P. .....Opposite Party(s)

¶5Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the first statement and additional statement of the first informant and statement of other witnesses; coupled with 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.

¶6Let the applicant-Chandrawati Devi 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.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶8Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶9Verification of mobile number as well as Aadhar Card of the applicant BAIL No. 18636 of 2026 and sureties should also be conducted by the court concerned.

¶10It 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.

¶11It 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.

¶12Office is directed to send a copy of this order to the applicant through Mau 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.

¶13Application, if any, stands disposed of. September 18, 2026 A.Kr. BAIL No. 18636 of 2026 (Arun Kumar Singh Deshwal,J.) High Court of Judicature at Allahabad