RADHEY SHYARSI Vs. STATE OF U P

JUDGEMENT

(1.) K. L. Sharma, J. This is the first bail application by the applicant Radhey Shyam who is involved in Crime Case No. 506/1993 under Sections 302, 307, 504, 506, IPC and Section 7 of the Criminal Law Amendment Act of police station Sarai Inayat, district Allahabad.

(2.) I have heard Sri Dilip Kumar learned counsel for the applicant and Sri V. C. Tewari Senior Advocate on behalf of the complainant and the learned A. G. A.

(3.) IN all the cases referred to above by the learned counsel for both the sides, the legal position enunciated is quite consistent and clear "there is no provision either under Chapter XII of Code of Criminal Procedure or under Section 9 of the Evidence Act to entitled the accused to demand that he should be put up for identification either at the trial or before inquiry. The identifica tion proceeding provides only corroborative evidence for the substantial evi dence of the witnesses who are examined at the trial. If the accused applies for being put up for identification or challenges his identity or his participa tion in the alleged crime, the prosecution should normally do so and put up the accused for identification at the earliest stage during investigation and if it refuses it takes the risk of making the prosecution case doubtful so far as the accused is concerned. If the Court ultimately holds that the witnesses who are deposing against the accused did not know him from before, their testimony will lose credence and shall be discarded on the ground of suspicion in the absence of proper corroboration through identification proceedings. However, this plea of the accused will be properly considered only at the stage of trial and after conclusion of the entire evidence. It is no where provided or appears to be absolutely necessary that on the basis of this plea of demand of identification and refused thereof by the prosecution during investigation, the accused must be released on bail. If the prosecution goes a head with the evidence of the eye-witnesses who can connect the accused with the commission of the crime, it is for the prosecution either to gain or suffer at the conclusion of the trial. If the accused is not found involved or connected with the commission of the alleged offence, he shall be certainly entitled to acquittal of the charges at the proper stage.