The Allahabad High Court has granted bail to a mother-in-law accused in a dowry death case, observing that the First Information Report (FIR) was lodged with a significant delay of over two years and the possibility of suicide could not be ruled out based on the medical evidence.
The Bench of Justice Sameer Jain passed the order in the case of Kalmun Nisha vs. State of U.P., allowing the bail application of the accused who has been in custody since December 2025.
Background of the Case
The applicant, Kalmun Nisha, approached the High Court seeking release on bail in connection with Case Crime No. 207 of 2025. The case was registered at Police Station Nichlaul, District Maharajganj, under Sections 304B (Dowry Death), 498A (Cruelty), 323 (Voluntarily causing hurt), and 506 (Criminal intimidation) of the Indian Penal Code (IPC), and Section 3/4 of the Dowry Prohibition Act.
Submissions of the Parties
Ms. Shabista Parveen, learned counsel for the applicant, argued that the applicant is the mother-in-law of the deceased and has been falsely implicated in the matter.
The counsel highlighted a substantial delay in the registration of the case. While the deceased passed away on March 11, 2023, the FIR was not lodged until July 25, 2025—a gap of more than two years.
Regarding the cause of death, the defense relied on the viscera report, which indicated death due to the consumption of Aluminum Phosphide. The counsel contended that this suggested a case of suicidal death rather than dowry death. It was further submitted that the deceased had been seriously ill and under continuous treatment, which led her to consume insecticide. The counsel asserted that the fact of her illness was evident from the statements of prosecution witnesses annexed to the bail application.
The defense also pleaded that the applicant is a woman with no prior criminal history and has been incarcerated since December 5, 2025.
Per contra, Sri Shatruhan Yadav, learned Additional Government Advocate (AGA) for the State, opposed the bail prayer but could not dispute the factual arguments advanced regarding the dates and medical reports.
Court’s Analysis and Decision
After hearing the parties and perusing the record, Justice Sameer Jain observed that the applicant is the mother-in-law of the deceased and faces no specific allegations.
Addressing the cause of death and the delay in reporting, the Court specifically observed:
“…possibility of suicide committed by the deceased cannot be completely ruled out after considering the viscera report and FIR of the present case was lodged quite belatedly through an application under Section 156(3) Cr.P.C…”
Taking into account that the applicant is a lady with no criminal history and has been in jail since December 5, 2025, the Court found it a fit case for bail. The Court clarified that these observations are limited to the disposal of the bail application and shall not affect the merits of the trial.
The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties of the like amount. Conditions imposed included mandatory appearance before the trial court, prohibition on tampering with evidence or influencing witnesses, and abstaining from criminal and anti-social activity.
Case Details
- Case Title: Kalmun Nisha vs. State of U.P.
- Case Number: Criminal Misc. Bail Application No. 4721 of 2026
- Bench: Justice Justice Sameer Jain
- Counsel for Applicant: Ms. Shabista Parveen
- Counsel for Opposite Party: Sri Shatruhan Yadav, AGA
