J&K HC Allows Accused to Perform Ceremony of ‘Narayan Bali’ of Deceased Wife

Must Read

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector &...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court,...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first...

Follow us

On 19th August 2020, Justice Rajnesh Oswal heard the case of Rakesh Kumar vs. Union Territory of J&K, via video-conferencing. The Court did not grant him bail but allowed him to perform the ceremony of ‘Narayan Bali’ of his late wife.

Facts of the case

On 09.05.2020, the applicant’s wife passed away. Therefore, the learned Sessions Judge granted interim bail to the applicant for a period of 21 days. However, before the expiry of the said interim bail, the applicant filed another application that sought an extension of interim bail for one month. The Court was informed that the applicant has to perform ‘Narayan Bali’ for a period of 11 days as he is the husband and he has to perform her last rites. Further, the applicant has two minor daughters one is aged 8 years and the other is 11 years old. On 29 May 2020, the Trial court dismissed the application for extension of interim bail. Thus, the applicant filed the present bail application to perform the ritual of ‘Narayan Bali’ of his late wife.

On 02.07.2020, this Court directed the respondent to confirm if it was necessary for the applicant to perform ‘Narayan Bali’ ritual of his late wife. The respondent conducted an enquiry with the prominent persons of the locality and with the priest. It was found that the applicant has to perform the said ritual within six months from the date of death of his wife. Further, it would take five days to perform the said ritual. 

Arguments of the applicant

The learned counsel for the applicant argued that the Court should grant bail to the applicant so that he can perform ‘Narayan Bali’. There is no one at his home except for his minor daughters. He had performed the last rites of his wife, thus, it is necessary for him to perform this particular ritual as well.

Arguments of the respondent

The applicant is facing trial under Sections 302, 109, 147, 341 and 342 RPC and Sections 4 and 25 of Arms Act. The trial is going on before the Sessions Judge, Samba. The applicant is facing trial in a murder case which is punishable with death or life imprisonment. Therefore, he cannot be enlarged on bail.

Court’s Analysis

The applicant is facing trial for committing the heinous offence of murder. The trial of the applicant is still in its infancy. The prosecution is yet to lead its evidence. At this stage, no concession can be granted to the applicant. 

Court’s Order

The applicant cannot be enlarged on bail. However, the Court considered the fact that the applicant has to perform ‘Narayan Bali’ of his late wife. Taking into consideration that there are only two minor daughters in his family, the applicant shall be allowed to perform the ritual for 5 days. However, proper custody and escort shall be ensured. Further, all the Standard Operating Procedures (SOPs) required under COVID-19 restrictions should be observed while taking him to his native village.  The Court disposed of the application.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments of the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being imposed.  Brief facts of the case This...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court, Bhuj in the case of...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first consignment, on 10.06.2020 and the,...

Delhi High Court Seeks Response From Centre, RBI in PIL to Regulate Online Lending Platforms

A notice had been issued by the Delhi HC in a PIL that sought regulation of online lending platforms (Dharanidhar Karimojji vs UOI). Brief Facts: The...

“Consensual Affair” Cannot Be Defence Against the Charge of Kidnapping of the Minor, Sentence Reduced in View of Age Difference: Supreme Court

This Case concerns the appeal against the conviction under the charges of kidnapping and discussed whether the punishment was to be enhanced or not.   Brief...

Delhi HC to Municipal Corp: Paucity of Funds Not an Excuse for Non-Payment of Salaries and Pensions

The Delhi High Court ruled that the paucity of funds cannot be an excuse and pulled up municipal corporations for not paying salaries and pensions to their employees as the right to receive payment is a fundamental right guaranteed in our constitution.

US Supreme Court Reinstates Restriction on Abortion Pills

The Supreme Court of the United States granted the Trump administration’s request to reinstate federal rules requiring women to make in-person visits to hospitals...

More Articles Like This

- Advertisement -