RAMKISHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS is the second application for bail by the applicant, who is accused of offences punishable under sections 147,148,149.307,382 & 302 of IPC read with sections 11 and 13 of the M.P.D Y.P.K. Act in Special Case No. 78/2001 pending in the Court of Special Judge, Datia.

(2.) IT is submitted by his learned counsel that the applicant was in custody since 9.4.2001 and the trial is still to commence. It is further submitted by him that his first application was dismissed on 11.12.2001 and, thereafter, co -accused Prem Singh has been admitted to bail vide order dated 4.1.2001 of another Bench of this Court. The allegations against this applicant were in no way more serious than those against the co -accused Prem Singh. It is also submitted by him that except for being named by witness Iqbal there was no evidence against him and that no identification parade was conducted by the prosecution. His first application was dismissed on merits vide order dt. 11.12.2001. However, considering the grant of bail to co -accused Prem Singh and the claim of parity, in the facts and circumstances this application is allowed.