The court may grant interim bail on humanitarian grounds, such as the marriage of a close family member, upon verification of the event, without prejudice to the merits of the main criminal case.

Order

1. Interim Bail Application No. 4130/2026 is filed by petitioner Prabhu Alias Prabhulal Alias Prabhudayal S/o Shri Tulsiram in Sessions Case No. 33/2026 arising out of FIR No. 49/2020 registered at Police Station Mangalwad, District Chittorgarh and pending before learned Additional Sessions Judge, Badi Sadri, District Chittorgarh.

2. Learned counsel for the petitioner submits that the marriage of son of the petitioner is scheduled to be held on 15.04.2026 at Village Paal Ka Kheda, Tehsil Bassi, District Chittorgarh. He further submitted that as per verification report dated 02.04.2026, the old mother of the petitioner is the eldest member in the family to take care of guests and other relatives. He further submitted that the date of birth of son of the petitioner is 23.06.2003 and a copy of Secondary School Certificate along with Aadhaar Card is submitted on record. He further submitted that the petitioner was also granted interim bail by a coordinate Bench and he is seeking only interim bail on the ground of marriage.

3. Learned Public Prosecutor submitted that the inquiry conducted from concerned SHO has revealed that the marriage of son of the petitioner is scheduled on 15.04.2026. He also submitted that a report is submitted by the concerned Police Station in FIR No.06/2017 at P.S. ATS, SOG, Jaipur.

4. Heard Learned counsel for the petitioner and learned Public Prosecutor and perused the material placed on record. Considered report dated 03.04.2026 sent by Police Station Bassi, District Chittorgarh to ADG, SOG, Jaipur whereby verification of marriage of son of the petitioner is confirmed.

5. The material on record indicates that on the basis of information, on 15.05.2020, a truck bearing No. RJ-09-GA- 2363 was intercepted, wherein Jagdish was driver and Dinesh Ram was travelling along with the truck. The police recovered 3 quintal 9 kg poppy straw (crushed capsule of opium residue) in 11 gunny bags and 6 bags. During investigation, involvement of the present petitioner was found and charge-sheet under Sections 8 and 29 of NDPS Act is filed against the petitioner.

6. The material on record further indicates that total 11 criminal cases were registered against the petitioner, out of which 9 are under the NDPS Act . The third bail application of the present petitioner was dismissed by this Court on 29.04.2024. The second bail application was dismissed on 16.02.2023 and the first bail application was dismissed as withdrawn on 19.12.2022.

7. In the instant case, this Court is considering interim bail on the ground of marriage (Gauna) of son of the petitioner. The police has verified the fact and found that the marriage (Gauna) is scheduled on 15.04.2026, though Preeti Bhoj (reception dinner) is organized on 14.04.2026.

8. Having considered the fact that the marriage of son of the petitioner is scheduled on 15.04.2026, it is appropriate to grant interim bail to the petitioner for a period of five days. The consideration of interim bail application is purely on the ground of marriage and not on merits. This Court has not considered a single iota of evidence.

9. Accordingly, without expressing any opinion on merits, the interim bail application filed by the petitioner is hereby allowed for a period of five days from the date of release, subject to execution of personal bond of ₹2,00,000/- with verifiable two sureties of ₹1,00,000/- each, subject to the following conditions:

(i). The petitioner shall not engage in any criminal activity in any manner, including abetment and conspiracy.

(ii). The petitioner will attend only marriage functions and shall not move to any other place other than his village and the village where the Barat (wedding procession) is going to perform marriage function.

(iii). The petitioner shall surrender on completion of fifth day before the concerned jail authority.

(iv). The petitioner shall not influence any prosecution witness.

10. After surrender of the petitioner before the jail authority,