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2026 DAILYLAW 2644 (ALL)

SMT CHHAVI v. STATE OF U.P.

BAIL/15589/2026 · 2026-05-06

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15589 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 398 of 2025, under Sections 85, 80(2), 92 BNS and Section 3/4 D.P. Act, Police Station Nai Mandi, District Muzaffar Nagar during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is married sister-in- law of the deceased and on the basis of false allegation she has been made accused in the present matter. He further submits, post mortem report suggests that deceased died due to hanging and even apart from the ligature mark it appears, she did not sustain any other injury and even her Hyoid bone was found intact, therefore, it appears to be a case of suicidal death. 5. He further submits, even during trial father of the deceased i.e. informant of the case did not support the prosecution case and has been declared hostile and his statement recorded before the trial court has been annexed along with supplementary affidavit. 6. He further submits, applicant is a lady and she is in jail since 18.08.2025 i.e. for last more than eight months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute Versus Counsel for Applicant(s) : Chandra Bhushan Prasad, Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Smt Chhavi .....Applicant(s) State of U.P. .....Opposite Party(s) the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that applicant is married sister-in-law of the deceased and from the post mortem prima facie it appears to be a case of suicidal death and during trial even informant i.e. father of the deceased has been declared hostile and applicant is a lady and she is in jail since 18.08.2025 i.e. for last more than eight months, in my view, applicant is entitled to be released on bail. 10. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Smt Chhavi 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. 12. 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. 13. 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. May 7, 2026 AK Pandey BAIL No. 15589 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad