Hon'ble KAUR, J.—The prayer in the present petition is for grant of bail under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. RC.7(5) 2011-SC 1/CBI/New Delhi registered at Police Station C.B.I., New Delhi for offence under Section 120-B read with Sections 364, 302, 201 of the IPC and Section 3(2)(v) of the SC/ST Act.

2. While praying for release of the petitioner on bail, learned counsel for the petitioner submitted that the petitioner is a sitting Member of the Rajasthan State Legislative Assembly. He is victim of circumstances and being made a scapegoat in the present case. It was contended that the petitioner was neither named in the first report nor in the second report and neither in the complaint. He was not even named in the first charge-sheet. His name was systematically dragged into the case on the basis of the false statements recorded under Section 161 of the Cr.P.C. The evidence against the petitioner is hearsay. No eyewitness and documentary evidence has been produced in support of that evidence. The necessary ingredients of offence of criminal conspiracy i.e. agreement, preparation and meeting of mind are entirely missing in the present

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