Police Negligence That Kept Woman in Jail 12 Extra Days Must Cost Rs 25,000, Rules Allahabad High Court

Police Negligence That Kept Woman in Jail 12 Extra Days Must Cost Rs 25,000, Rules Allahabad High Court in Leelawati Devi v. State of U.P.

Case: Leelawati Devi v. State of U.P.
Date of Judgment: 24 October 2026
Court: Allahabad High Court
Coram: Justice Arun Kumar Singh Deshwal

Court Observation

“Therefore, the applicant, being a lady, has remained in jail for 12 days due to the fault of the police department.”

Summary

The Allahabad High Court has directed the Uttar Pradesh Police to pay Rs 25,000 to a woman who remained in jail for 12 extra days because the police failed to supply timely instructions to the State counsel in her bail matter. The department may recover the amount from the salaries of police officers found negligent in the inquiry.

The applicant, Leelawati Devi, is an accused in a dowry death case, as the mother-in-law of the deceased woman. Her bail application could not be decided on 12 October 2026, although it was a clear-cut case for bail, because the police had not provided the necessary instructions to the Assistant Government Advocate, despite a letter dated 29 September 2026 sent to the Superintendent of Police, Deoria, which was received on 1 October. The application was taken up only on 24 October, more than 12 days later.

The Court granted her bail considering the nature of the offence, the evidence and her alleged role, without expressing any opinion on the merits. It accepted the Superintendent of Police’s explanation, while expecting greater care in future, and noted that the Director General of Police had issued a circular on 6 January 2026 directing district police chiefs to ensure timely supply of instructions in bail matters.

Key Holdings

  • Where a bail application cannot be decided because the police fail to supply instructions to State counsel, the resulting extra custody is the fault of the police department.
  • The police department must compensate the applicant for the extra days spent in jail, with liberty to recover the amount from the salaries of officers found negligent.
  • Police must comply with the Director General of Police’s circular requiring timely supply of instructions to Assistant Government Advocates in bail matters.

Directions Issued

  • The police department shall pay Rs 25,000 to the applicant within one month.
  • The department is at liberty to recover the amount from the salary of the police officers found negligent in the inquiry.

Background

The applicant’s counsel submitted that she had been falsely implicated on general and vague allegations, with no sufficient material showing that she had harassed the deceased over dowry demands. The State opposed bail but could not dispute the facts presented by the defence. When the matter was heard on 12 October, the Assistant Government Advocate informed the Court that instructions had not been supplied; the Superintendent of Police, Deoria, was directed to appear personally and explain. The official concerned had kept the letter with him and proceeded on leave, and action had been taken against him, with an inquiry ordered against the supervising Circle Officer.

Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.

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