May Pose Threat To Public Safety, Flee From Justice: Rajasthan HC Denies Interim Bail To NDPS Case Accused To Attend Sister's Wedding

The Rajasthan High Court has denied interim bail to an accused under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, who sought temporary release to attend his sister's wedding. The man was accused of an offence punishable under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act.

The Bench of Justice Rajendra Prakash Soni said, "Granting interim bail for marriage of petitioner’s sister may pose a threat to public safety when the applicant is facing pending criminal charges like drug peddling. Keeping the applicant in custody ensures that any potential risks are mitigated while he attends said marriage. Allowing interim bail for said purpose raises concerns about the applicant’s potential to flee from justice."

The Counsel for the Petitioner argued that his presence at home was crucial for the wedding, and there was no risk of him absconding. He prayed for an interim bail of 40 days. 

On the contrary, the Public Prosecutor opposed the interim bail plea, asserting that the petitioner might use the wedding as a pretext to evade custody. Given the serious nature of the drug peddling charges against the accused, the prosecutor contended that interim bail should be denied to ensure public safety.

Taking note of the submission, the Bench concurred with the prosecutor's arguments. The Court emphasized the severity of the pending charges and the potential threat to public safety if the accused were granted bail.

On perusal of documents, the Court also noted that the petitioner’s sister has other brothers who could perform the necessary marriage rituals. Consequently, the Court rejected the interim bail application. "On the basis of documents available on record, this Court is of the opinion that petitioner’s sister has other brothers also who can perform marriage rituals and no case for grant of interim bail to petitioner is made out. Therefore, balancing the interests of justice and public safety, as well as performing of marriage rituals. together, this Court is not inclined to entertain the interim bail application filed on behalf of the petitioner. Hence, the same is hereby rejected," the Court said. 

Cause Title: Rakesh v. State Of Rajasthan [Neutral Citation: 2024:RJ-JD:28189]

Appearance:-

Petitioner: Advocates Vishal Sharma, Ashok Khilery

Respondent: Public Prosecutor Laxman Solanki

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