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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15361 of 2026

Sheetal

.....Applicant(s)

Versus

State of U.P.

.....Opposite

Party(s)

Counsel for Applicant(s) : Danish, Rajiv Sisodia

Counsel for Opposite Party(s) : G.A.

Court No. - 66

HON'BLE SAMEER JAIN, J.

1. Heard Sri Shashank Dwivedi, Advocate, holding brief of Sri

Rajeev Sisodia, learned counsel for the applicant, Sri Veer Pal

Singh, learned counsel for informant and Sri Kunwar Tejendra

Bahadur Singh, learned AGA for the State.

2. The instant bail application has been filed seeking release of the

applicant on bail in Case Crime No. 508 of 2025, under Sections

80(2), 85 B.N.S. and Section 3/4 of D.P. Act, Police Station Khoda,

District Ghaziabad, during pendency of the trial.

3. Learned counsel for the applicant submits, applicant is Jethani

of the deceased and on the basis of false allegation she has been

made accused in the present matter along with other including

husband of the deceased, father-in-law of the deceased Vashudev

and mother-in-law of deceased, Vimla Devi and father-in-law and

mother-in-law of the deceased have been released on bail by this

Court vide order dated 27.01.2026 and 10.03.2026 passed in Crl.

Misc. Bail Application No. 7905 of 2026 and 8005 of 2026

respectively and case of the applicant is on better footing than

them.

4. He next submits, from the bail granting order of in-laws of the

deceased it reflects after considering the fact that deceased was

having doubt that applicant was having illicit relationship with her

Bhabhi, i.e. applicant she committed suicide and the fact that

applicant was having illicit relationship with his Bhabhi was also

evident from the statement of mother of the deceased.

5. He further submits even if husband of deceased was having

illicit relationship with the applicant and if due to this reason

deceased committed suicide then also applicant cannot be held

responsible for her dowry death and at the worst she may be

BAIL No. 15361 of 2026

2

prosecuted for offence under Section 108 B.N.S.

6. He further argued, applicant is lady and she is not having any

previous criminal history and in the present matter, she is in jail

since 30.11.2025 i.e. for last more than five months.

7. Per contra, learned AGA as well as counsel for the informant

vehemently opposed the prayer for bail and submit husband of the

deceased and applicant are the principal accused who were having

illicit relationship and due to their illicit relationship deceased had to

commit suicide but they fairly conceded that if due to illicit

relationship of her husband a wife committed suicide then this does

not attract the provision of dowry death. They also could not

dispute the fact that in-laws of the deceased have already been

released on bail and applicant is a lady and is not having any other

criminal history and she is in jail for last more than five months.

8. I have heard learned counsel for both the parties and perused

the record of the case.

9. However,F.I.R. of the present case was lodged by the informant

with regard to the allegation that applicant and other accused

caused dowry death of her daughter as they used to torture her for

demand of dowry but during investigation it was revealed that

husband of the deceased was having illicit relationship with the

applicant and due to this reason she committed suicide and after

considering this fact in-laws of the deceased have been enlarged

on bail.

10. This Court finds merit in the argument advanced by learned

counsel for the applicant that even if due to illicit relationship of the

applicant with the husband of the deceased if she committed

suicide then it does not attracts the provisions of dowry death

though at the worst applicant may be prosecuted along with the

husband of the deceased for offence punishable under Section 108

BNS.

11. Further, applicant is not having any criminal history and she is

lady and she is in jail for last more than five months.

12. Therefore, considering the facts and circumstances of the case

discussed abo