ORDER

09/01/2024

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.210/2023 registered at Police Station Loonkaransar, District Bikaner, for offences under Sections 307, 323, 325, 341, 394, 427 IPC.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per prosecution, present petitioner alongwith co-accused persons attacked the complainant and his brother and inflicted injuries upon them and also looted a sum of Rs.65,000/- from him. Learned counsel submitted that admittedly, the petitioner and the victim did not know each other. The petitioner has been arrested only because the complainant in his FIR stated that the accused persons were referring to each other with the names of Bhagwana Ram, Anil and Babu Lal. Learned counsel vehemently submitted that to establish the presence of the petitioner at the place of incident, the prosecution was required to conduct test identification parade of the accused at the instance of the complainant and his brother. However, failure of Investigating Officer to get th