Sheetal vs State Of U.P.

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 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 above, in my view, applicant is entitled to be released on bail.

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

14. Let the applicant -Sheetal 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 her 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.

15. 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.

16. 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.

(Sameer Jain,J.)

May 6, 2026

Kumar Manish