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

Must Read

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA)....

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

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

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

More Articles Like This

- Advertisement -