The Allahabad High Court has recently granted bail to a man who was accused of killing his wife as she could not prepare food for him due to the unavailability of vegetables.

Justice Shekhar Kumar Yadav while allowing the second bail application filed by the applicant i.e., the accused said –

"Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the principle laid down by the Courts in the above referred case laws, I am of the view that it is a fit case for grant of bail. Accordingly, the bail application is allowed."

The applicant was seeking enlargement on bail during the trial in offences under Sections 498-A, 302, 326, 323, and 504 of the Indian Penal Code.

The question of consideration before the Court was whether the act of the accused would fall within the definition of 'murder' or it would be 'culpable homicide not amounting to murder.'

Advocate Ram Babu Sharma appeared on behalf of the applicant i.e., the accused.

Additional Government Advocate R.P. Mishra appeared for the respondent i.e., the State.

In this case, the victim was the wife of the applicant and during her marriage, sufficient dowry was given but her husband and family members were still not happy with the same. Her husband and family members used to torture and harass her and she was also beaten by them. It was alleged that the applicant pressurised the victim to bring Rs. 2 lakhs from her parents and when such a demand was not fulfilled, the accused abused and threatened to kill her by burning her. It was also alleged that the applicant was having an illicit relationship with his brother's wife. One evening, the father of the victim received a phone call that his daughter has been burned by pouring kerosene oil by her husband and family members and is admitted to the hospital.

The victim died after some days in the hospital. As per the post-mortem report, the cause of death was due to septic shock. The victim in her statement clearly stated that on the date of the incident, she could not prepare food due to the non-availability of vegetables for which her husband lost his temper and started beating her. He thereafter poured kerosene oil upon her and burned. An FIR was lodged by the father of the victim and therefore, the applicant was booked and arrested. The first bail application filed by the applicant was rejected by the High Court and hence, he filed the second one before the Court.

It was contended by the counsel for the applicant that he is languishing in jail since August 4, 2013, having no previous criminal history, and has already served more than 9 and ½ years in jail, hence, the applicant may be enlarged on bail.

The High Court noted, "Perusal of dying declaration of the deceased clearly shows that on the date of alleged incident i.e. on 25.07.2013 in noon, when the deceased could not prepare the food due to non availability of vegetable for which her husband lost his temper and started beating and poured kerosene oil upon her and burned. It means that there was no premeditation for the applicant to commit such offence as alleged against him."

The Court further ordered that the applicant be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned.

The Court also clarified, "It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses."

Accordingly, the Court allowed the bail application.

Cause Title – Ganesh v. State of U.P.

Click here to read/download the Order


Allahabad High CourtJustice Shekhar Kumar YadavGrant of BailSection 498A

Swasti Chaturvedi