Rajasthan High Court Refuses Bail To Alleged Drug Peddler To Attend Sister's Marriage

The Rajasthan High Court recently denied interim bail to an accused under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, who sought to be released for 40 days to attend his sister's wedding.

The interim bail application was filed contending that petitioner's presence at home was necessary for the sister's wedding and that there was no likelihood of him fleeing away.

Public prosecutor opposed the realease, arguing that there was a possibility of the petitioner absconding and evading custody under the guise of sister's marriage. It was further submitted that looking at the gravity of the offences in which the accused was involved, the interim bail application should be rejected.

Agreeing with the prosecutor, the bench of Justice Rajendra Prakash Soni observed that keeping in mind the charges of drug peddling pending against the accused, granting him bail might be a threat to public safety.

“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.”

Court also highlighted that petitioner's sister has other brothers too who could perform the marriage rituals. Hence, it the interim bail application was rejected.

Title: Rakesh v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 151

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