BANTI ALIAS NEMICHAND Vs. STATE OF MP

JUDGEMENT

(1.) HEARD the parties. The applicant who is in custody since 13.2.2002 is an accused of offences punishable under sections 393 and 394 of IPC only. The learned counsel for the applicant submits that he has mentioned section 397 also, though challan has been filed under section 393 and 394 only. As per allegations, he was armed with an spear. Even as per prosecution, it was a case of only an attempt and robbery infect was not committed.

(2.) CO -accused Pappu has already been granted bail vide order dated 25.7.2002 of another bench of this Court. Allegations against this applicant were not materially different from those against him. Merely because some other cases of minor offences were also pending against him, it would not be justified to refuse him the benefit of bail already given to other co -accused. Considering this, in the facts and circumstances of the case, this application is allowed. The applicant be released on furnishing a personal bond of Rs. 30,000/ - with a solvent surety in like amount to the satisfaction of the trial Court.