Radha Krishan v. State. DATE OF ORDER

Mr. M.L. Bisnhoi, for the petitioner. Mr. Mahipal Bishnoi, Public Prosecutor for the State. ... The contention of the present petitioner is that samples have not been taken according to standing instructions. The police has mixed all the recovered Doda Post and thereafter samples have been taken, which is in contravention of the standing instructions. Hence the present petitioner should be released on bail. The learned Public Prosecutor has opposed the bail application and submitted that 13 bags are having identical substance and compliance of standing instructions have been made. A perusal of the seizure memo goes to show that it has not been in any where mentioned in the seizure memo that the substances are of identical nature or the bags are identical. Hence the compliance of the standing instructions hasve not been seemed to be done and looking to the law laid down in Union of India v. Bal Mukund & ors. ((2009) 12 SCC 161), it is a fit case to release the present petitioner. 2 Accordingly, the bail application is allowed and it is directed that petitioner Raju Ram @ Radha Krishan s/o Nehru Ram in connection with FIR No. 106/2010 of Police Station Dechu District Jodhpur shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- along with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the trial court for his appearance before that court on the next date of hearing and on subsequent dates whenever called upon to do so. [Nisha Gupta],J mlt/67