Read Order: Gulshan v. State of U.P 

Pankaj Bajpai

Allahabad, July 7, 2021: While rejecting a bail plea filed in an honour killing case, the Allahabad High Court has remarked that persons who act in violation of constitutional norms and promote antiquated ideas of “family honour” to the point of eliminating an individual have no place in society. 

The High Court determined that honour killing was heinous crime in which family members conspired to terminate a young life in the name of a false sense of family pride.

A Single Judge Bench of Justice JJ Munir passed the order in a case in which the couple, who belonged to different castes, had married contrary to the wishes of the woman’s family.

The High Court denied a bail request made by one of the accused, Gulshan, suspected of killing the couple.

“In the opinion of this Court, prima facie if these allegations were to be established at the trial, there is no place for citizens in our society who act in derogation of the much cherished constitutional values of individual liberty, and, instead, repose faith in archaic social values of family honour to an extent that they would go to eliminate a family member choosing a life partner for herself,” the HC said.

Gulshan, who was accused with murder, attempt to murder, and criminal intimidation u/s 302, 307 & 506 of the Indian Penal Code, filed the bail application. 

Counsel for the applicant Ansar Ahmad contended that the part allocated to the applicant was attacking the injured witness Rohit Kumar, and that the job of shooting was given to the other co-accused, not the applicant. 

Furthermore, it was claimed that the wounded witness testified that Gulshan did not shoot the dead or hurt Rohit Kumar, and that his case was distinct from the other applicants. 

The government’s attorney, on the other hand, objected to the bail application, claiming that the case was one of honour killing. 

After hearing the parties, the High Court came to the conclusion that, prima facie, “It appears to be a heinous example of honor killing in which family members, including the deceased Jyoti’s father, uncle, cousin, and brother, all conspired to terminate a young life on the basis of a false sense of family pride, which they have ostensibly attempted to redeem via this murder. The applicant was undoubtedly there during the incident, even though he did not use the pistol or cause the fatal injury.” 

Accordingly, the bail application was dismissed.

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