Jai Prakash vs State of U.P.

B.A. Zaidi, J.—A lady aged 29 year died due to 90% burn injuries at the husband''s house. The husband has, therefore, come for bail here.

Heard Sri Raj Bahadur, Advocate for the applicant Jai Prakash and Sri Mohammad Israil Siddiqui, Addl. Government Advocate for the State.

According to the prosecution version, the marriage of the lady with the accused had taken place in the year 1997. In these long 11 year, he had not given birth to any child, therefore, as alleged, her husband and inlaws used to say that they will kill her and husband will marry again.

It has been pointed out by the Counsel for the applicant that applicant spent Rs. 34 lacs for the treatment of the lady by keeping her in a nursing home of repute and in an effort to rescue her, he had also suffered burn injuries. FIR of the occurrence was lodged 11 days after she died.

Mere delay in lodging the FIR does not decimate the prosecution version. The lady suffered burn injuries in the house of her husband. It is suggested that she was burnt accidentally by the falling of the lamp. It will not be proper to make any comments at this stage about this aspect, since it may have repercussion on the trial. In any case, we cannot ignore the fact that the burn injuries were suffered by the lady at the house of her husband and the matter has also to be viewed in the context of the prosecution allegations, that she was subjected to cruel comments, since, she was without a progeny. The circumstances do not justify bail.

Bail refused.