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2026 DAILYLAW 10741 (ALL)

SUMAN v. STATE OF U.P.

BAIL/35180/2026 · 2026-09-30

Arun Kumar Singh Deshwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35180 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Bharat Singh, learned counsel for the applicant, Sri Roshan Kumar Singh, 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. 127 of 2026, under sections 85, 80(2), 352, 351(3) of B.N.S. & Section 3/4 of Dowry Prohibition Act, Police Station- Baniyather, District- Sambhal. 3. Contention of learned counsel for the applicant is that the applicant is Sister-in-law (Devrani) of the deceased, who committed suicide by hanging herself after a petty dispute over household issues. The applicant has been falsely implicated merely being sister-in-law (Devrani) 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 15.07.2026. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Suman .....Applicant(s) State of U.P. .....Opposite Party(s) 4. In support of his contention, learned counsel for the applicant has also produced the photocopy of the charge sheet, wherein cognizance was taken by the CJM on 16.09.2026. 5. On checking the order of cognizance on e-court service App, this Court found that the order of cognizance was not uploaded on CIS portal. Though in pursuance of the order of this Court dated 20.04.2026 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.2329 of 2026 (Rajesh Yadav vs State of U.P and others), the CPC, High Court Allahabad has intimated to all the District Judges including the District Judge, Sambhal through his notification dated 07.05.2026 regarding directions for real time feeding of all business during criminal and civil proceeding as well as uploading all the orders from the stage of cognizance on the CIS portal. It is surprising that despite receiving the notification of CPC, High Court Allahabad, in pursuance of the order of this Court, for uploading all the orders on CIS portal, cognizance order has not been uploaded by the CJM concerned. It appears that either the District Judge, Sambhal has not communicated the Circular of CPC, High Court Allahabad to the CJM concerned or CJM concerned or his staff failed to take cognizance of the order passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.2329 of 2026, which was duly intimated vide notification dated 07.05.2026 by the CPC, Allahabad High Court. 6. Therefore, The District Judge, Sambhal at Chandausi is directed to look into the issue and ensure the order of this Court, mentioned above, regarding uploading of all the orders on CIS portal, should be complied with in letter and spirit. 7. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. 8. 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 (sister-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 BAIL No. 35180 of 2026 2 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. 9. Let the applicant- Suman 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 12. Verification of mobile number as well as Aadhar Card of the applicant and sureties should also be conducted by the court concerned. 13. 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. 14. 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. 15. Office is directed to send a copy of this order to the applicant through Moradabad Jail Superintendent via e-mail or e-prison BAIL No. 35180 of 2026 3 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. 16. Application, if any, stands disposed of. 17. Registrar (Compliance) is directed to send a copy of this order to the District Judge, Sambhal at Chandausi for compliance of paragraph no.5 and 6 of this order. October 1, 2026 A.Kr. (Arun Kumar Singh Deshwal,J.) BAIL No. 35180 of 2026 4 Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad