( 1 ) THIS is an application for bail by Prakash Dhobi and Kailash Dhobi sons of Pyare said to be involved under sections 147, 148, 307,302/149 and 506, I. P. C. registered at crime No. 117 of 93 P. S. Cantt. District Varanasi.

( 2 ) THE bail in this case is desired primarily on the ground that the applicants had claimed identification and the same has not been arranged and rather denied by the prosecution.- In this behalf observations are there in the order of the Sessions Judge refusing bail to the effect that the applicants had applied for getting them identified by the prosecution witnesses but the same was refused by the police station concerned with a report that it was not needed since the accused persons were named in the First Information Report. It also appears that during the pendency of the bail application before the Sessions Judge, again accused persons had applied for getting identification proceedings conducted and again the prosecution had avoided it. It is the effect of this refusal, which has to be considered in this bail application with some general principles of law.

( 3 ) IT appears from a perusal of order dated 54-93 of the Sessions Judge that