Identification parades are not a substantive piece of evidence and delay in conducting them does not cause prejudice to the accused in all cases.

( 1 ) THIS is an application for bail filed under section 439 (1) of the Code of Criminal Procedure, 1973. The applicant is being prosecuted for an offence under section 396 I. P. C. in Crime No. 47 of 1985, Police Station Kalwari, District Basti. The applicants bail application was rejected by the order dated 16-9-1985 passed by the Sessions Judge, Basti.

( 2 ) THE prosecution story, as unfolded in the first information report (Annexure 1) in brief, is that a dacoity was committed on 19/20-5-1985 at about 2 a. m. in the night at the residence of one Ram Lagan by 7 or 8 miscreants, ultimately Ram Lagan was killed and ornaments and wrist watches etc. were looted. The First Information Report was lodged next day at 5 a. m. at Police Station Kalwari, District Basti.

( 3 ) THE applicant is alleged to have been arrested the next day by the police on the information given by an informer, when he was lying in a bush and was crying on account of injuries received in the scuffle between the applicant, his associates on one side and the family members of the deceased and the prosecution witnesses on the other side.

( 4 ) THE learned counsel for the applicant urged the no identification parade was held and that the applicant has been falsely implicated and was arrested the next day on the basis of the information received from an informer. There was no evidence against the applicant and he was entitled to bail. He placed reliance on Mohan Lal Ganga Ram Geheri v. State of Maharashtra and Ngangom Iboton Singh v. Union Territory of Manipur and some other decisions but I do not consider necessary to refer all of them.

( 5 ) THE learned counsel for the State, on the other hand, urged that the applicant was arrested on 20-5-1985 the next day from the date of incident, in a bush near the village where the prosecution witnesses and other residents of the village identified him and he was also identified during the occurrence. He urged that the applicant did not demand identification. That can be held later. He relied on State of U. P. v. Bajju and others.

( 6 ) IN the affidavit accompanying the bail application it bas not been averred that in fact the identification was demanded by the applicant. In this connection there is averment under paragraph No. 4 of the affidavit. For the sake of convenience the same is being set out below: 4. That the applicant was not named in the First Information Report and the identification parade has also not been held. He was not alleged to have been arrested on the spot. According to the police, he has been arrested next day on the basis of information received through an informer.

( 7 ) FROM the aforesaid averments under paragraph No. 4 of the affidavit it is clear that the applicant did not demand for identification parade being held. Rather he had stated that the identification parade had not been held so far. As the investigation is still in progress the identification parade can be held at any time. I hope that in case the applicant demands the identification, the same would be held by the prosecution according to the procedure provided under the law.

( 8 ) AUTHORITIES relied on by the applicant are to the effect that in case the identification was being demanded by the accused, the prosecution shall hold the same, otherwise an adverse inference can be drawn against it.

( 9 ) IN State of U. P. v. Bajju and others (Supra) relied upon on behalf of the State the Supreme Court made following observations: - The learned Sessions Judge rightly held that it was not necessary for the State to hold identification parade when according to the prosecution they were arrested at the spot. If the accused felt that the witnesses would not be able to identify them, they should have requested for an identification parade.

( 10 ) I am of the view that identification parade is within the domain of investigation. The accused has no right to demand that a particular part of the investigation may be held in a par