Dismissed¶16

Smt. Villo Alias Shahnaz Bano v. State of U.P.

Allahabad HC25 Nov 2025NABAIL/9749/2025

Case brief

AI extract

What is this about?

Anticipatory bail u/s 482 BNSS No. 9749 of 2025 rejected; dowry death; Sections 85, 80 BNS; Section 3/4 DP Act; Case Crime No. 804 of 2025; PS Kotwali Lalitpur; mother-in-law of deceased Shabnam; Sushila Aggarwal (2020) 5 SCC 1; Nalin Kumar Srivastava J.; Allahabad High Court; 25-11-2025.

What did the court decide?

Considering the settled principles of law regarding anticipatory bail, the submissions of learned counsel for the parties, the nature of the accusation, the role of the applicant, all attending facts and circumstances, and the statements of some independent persons who supported the prosecution case in clear terms, the court — without expressing any opinion on the merits of the case — deemed it not a fit case to grant anticipatory bail to the applicant and refused the prayer made in the application. ¶16

Smt. Villo Alias Shahnaz Bano vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether anticipatory bail under Section 482 BNSS should be granted to Smt. Villo alias Shahnaz Bano (mother-in-law of the deceased) in Case Crime No. 804 of 2025 under Sections 85, 80 BNS and Section 3/4 D.P. Act.

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Court's answer

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Ratio / Principle

The anticipatory bail application was rejected.

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Detailed headnote1 paragraphs

Allahabad High Court (Court No. 71; Hon'ble Nalin Kumar Srivastava, J.; 25.11.2025): Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 9749 of 2025 by Smt. Villo alias Shahnaz Bano, mother-in-law of the deceased, in dowry-death Case Crime No. 804 of 2025 under Sections 85, 80 BNS and Section 3/4 D.P. Act, Police Station Kotwali Lalitpur, District Lalitpur. Deceased Shabnam died of asphyxia due to ante mortem hanging in her parental house; per the A.G.A., a young lady whose dowry death was caused within two years of marriage; investigation ongoing with no charge-sheet submitted; applicant stated to be an old lady with no criminal antecedents. The learned A.G.A. opposed the prayer, noting that the husband of the applicant, having an identical role, had been granted regular bail. Citing the settled principles in Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, and keeping in view statements of some independent persons who supported the prosecution case in clear terms, the court deemed it not a fit case to grant anticipatory bail and rejected the application.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9749 of 2025

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Smt. Villo Alias Shahnaz Bano

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.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ajeet Dixit Counsel for Opposite Party(s) : G.A.

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Court No. - 71

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application has been moved on behalf of the applicant - Smt. Villo Alias Shahnaz Bano seeking anticipatory bail in Case Crime No. 804 of 2025, under Sections 85, 80 BNS and Section 3/4 D.P. Act, Police StationKotwali Lalitpur, District- Lalitpur.

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The dowry death of the deceased, Shabnam, was caused in her parental house and in the post mortem report the cause of death of the deceased was shown asphyxia due to ante mortem hanging.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further argued that investigation is goingon and till date no charge-sheet has been submitted against the accused applicant. It is further submitted that the present applicant is the mother-in-law of the deceased. The deceased was never subjected to cruelty or harassment and no demand of dowry was ever made from her by her in-laws. It is also submitted that since she was suffering with several diseases and even after 2/3 years of marriage she did not conceive and was having no issue. It is also submitted that she was very frustrated with her own life who was filled with ailments of different types. It is also submitted that the fact to be noticed that her death is caused in her own paternal house and not in her matrimonial house. It is also submitted that except ligature mark no other external injury has seen found by the doctor upon the body of the deceased. It is further submitted that she has no other criminal antecedents. She is an old lady. The factum of village panchayat has been made only to fill up the lacuna and to draw the case to prove the element of dowry death as soon before. It is further submitted that there is no evidence at all upon the record that she ever tortured by the present accused applicant for the sake of demand of dowry. It is lastly submitted that in case applicant is granted anticipatory bail, she will not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. opposed the prayer for anticipatory bail. It is vehemently submitted that the husband of the present accused having identical role has been granted regular bail and not anticipatory bail. It is also submitted that the fact of the death of the deceased in her parental house does not make any difference so far as the responsibility of the present accused as mother-in-law

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NABAIL No. 9749 of 2025

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is concerned. It is a case of young lady whose dowry death was caused within two years of her marriage.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, llikelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case also keeping in view the statements of some independent persons who supported the prosecution case in clear terms, without expressing any opinion of the merits of the case, I deem it not a fit case to grant anticipatory bail to the present applicant. Prayer made in the application is refused.

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The anticipatory bail application is rejected .

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November 25, 2025 Fhd

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(Nalin Kumar Srivastava,J.)

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Smt. Villo Alias Shahnaz Bano v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Villo Alias Shahnaz Bano v. State of U.P.

Case brief

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What the court decided

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