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Facts 

• An accused person seeking parole under the Narcotics Drugs and Psychotropic Substances  (NDPS) Act for 40 days to attend his sister’s wedding was recently granted interim bail by  the Rajasthan High Court.  

• In the interim bail application, it was claimed that the petitioner had no intention of running  away and that his presence at home was required for the sister’s wedding. The public  prosecutor objected to the release, claiming that the petitioner would elude custody by  running away under the pretence of her sister’s marriage. It was also argued that the interim  bail request ought to be denied in light of the seriousness of the offenses the accused was  involved in. 

Judgement 

• In agreement with the prosecutor, Justice Rajendra Prakash Soni’s bench noted that  granting the accused bail could jeopardize public safety given the ongoing drug-peddling  proceedings against him. 

• “Public safety may be jeopardized if petitioner’s sister is granted interim bail for her  marriage while she is still being investigated for drug-related offenses. By keeping the  applicant in detention, all hazards are minimized while he attends the wedding. Concerns  over the applicant’s capacity to elude justice are raised by granting temporary bail for the  stated purpose. 

• The petitioner’s sister has other brothers who are equally capable of performing the rituals  of marriage, the court further pointed out. Therefore, the motion for interim bail was  denied. 

Rakesh v State of Rajasthan  

Aishwarya, B. A. L. Lb. (Hons), Mody University Of Science And Technology,Laxmangarh, Intern under legal vidhiya. 

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