RAKESH KUMAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present bail application has been filed by the applicant for interim bail so as to enable him to perform ritual of 'Narayan Bali' of his wife, namely, Renu, who passed away on 09.05.2020. It is stated that the learned Sessions Judge, Samba (hereinafter to be referred as the 'trial court') vide order dated 09.05.2020 granted interim bail to the applicant for a period of 21 days and before expiry of interim bail, applicant had filed another application seeking extension of interim bail for a period of one month and it was brought to the notice of the learned trial court that the applicant has to perform 'Narayan Bali' for a period of 11 days as he being the husband had performed her last rites. It is further stated that the applicant has two minor daughters, one is aged 8 years and the other is 11 years old. The trial court vide order dated 29.05.2020 dismissed the said application for extension of interim bail.

(2.) Vide order dated 02.07.2020, this Court had directed the respondent to file status report as to whether the applicant has to perform 'Narayan Bali' ritual of his deceased wife or not.

(3.) The respondent vide compliance report dated 11.07.2020 has stated that after enquiry it was found that the wife of the applicant had passed away on 09.05.2020 and after enquiry from the prominent persons of the locality and from the concerned Priest, it was also found that the applicant has to perform the ritual ceremony of 'Narayan Bali' within six months from the date of death of his wife and it would take five days to perform the said ritual. After the status report was filed, this Court had directed the respondent to file objections, the same have been filed.