Rakesh Kumar vs Union Territory Of J&K And Others

Rajnesh Oswal, J

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.

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.

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.

In the objections, the respondent has categorically stated that the applicant is facing trial in FIR No. 45/2019 of Police Station, Ramgarh under sections 302, 109, 147, 341 and 342 RPC and section 4/25 of Arms Act and trial is going on before the Sessions Judge, Samba. It is further submitted that as the applicant is undergoing trial for committing heinous offence of murder, therefore, he is not entitled to any concession of bail.

Learned counsel for the applicant has vehemently argued that the applicant is required to be enlarged on bail so as to enable to perform the ritual of 'Narayan Bali' of his deceased wife. Except the minor daughters, there is none at home and as he had performed last rites of wife so he has to perform the said ritual.

Mr. Ayjaz Lone, learned Deputy Advocate General has argued that the applicant is facing trial in a murder case, which is punishable with death or life imprisonment, as such, applicant cannot be enlarged on bail.

Heard learned counsel for the parties and considered the matter. This is an admitted fact that the applicant is facing trial for offence under section 302 RPC, which is punishable with death or life imprisonment and as a matter of fact, the applicant cannot be enlarged on bail. Trial of the applicant is still in its infancy and prosecution has still to lead its evidence, so no concession at this stage is granted to the applicant.

While taking into consideration that the applicant has to perform the ritual of 'Narayan Bali' of his deceased wife that requires a period of five days as reported by the respondent and also taking into consideration that there are only two minor daughters in his family, it is directed that the applicant be taken to his native place at village, Chak Baglan, Tehsil, Vijaypur, District, Samba for a period of five days commencing from 24th of August, 2020 to 28th of August, 2020 from 9.00 AM to 4.00 PM so as to enable him to perform the ceremony of 'Narayan Bali' of his deceased wife. It is made clear that he shall be taken in proper custody and escort and all the SOPs as required under COVID-19 restrictions shall be duly observed while taking the applicant to his native village.

Registry is directed to send a copy of this order to the Superintendent, Sub Jail, Hiranagar for information and compliance.

Disposed of.