BUDHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner, who is in custody in connection with F.I.R. No.90/2015, Police Station Pali Kotwali, for the offences under Sections 364 -A, 342, 323, 386, 392 and 120 -B IPC.

(2.) The first bail application preferred on behalf of the petitioner was rejected on 4.6.2015 by this Court at the stage when investigation was underway. The petitioner was given liberty to move a fresh bail application after filing of the charge -sheet. Now, the charge -sheet having been filed, the instant second bail application has been moved. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner submits that the petitioner has not been named by any witness during investigation. He was put up for test identification at the hands of the witness Ram Kishore who could not identify the petitioner. Thus, he urges that there is no material whatsoever on the record of the case so as to connect the petitioner with the alleged offence, and therefore, the petitioner deserves to be released on bail.

(3.) Learned P.P. has opposed the submissions advanced by the learned counsel for the petitioner and urges that the petitioner was all along involved in the whole racket of extortion and he should not be granted bail. I have considered the submissions advanced by the learned counsel for the petitioner and the learned P.P.