1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.2802/2010 Sita Ram & Ors. Vs. State Date of order : 19/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Praveen Balwada with Shri Deepak Soni for the petitioners. Shri Amit Punia, P.P. for the State. Shri Ajay Gupta for the complainant. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. The sole argument on which this bail application is founded is that six witnesses who said to have named petitioners as the accused have now given their affidavit before the trial court to say that they did not give any such statement to the police under Section 161 Cr.P.C. Further contention of the learned counsel for the petitioners is that the petitioners were not named in the FIR and their names have been included by way of improvement in prosecution version, in the statement of those witnesses. Petitioners should be enlarged on bail also because there was delay in lodgement of FIR and that they are in jail for quite some time. Trial of the case is likely to take long time. Learned PP and learned counsel for the complainant have opposed the bail 2 application and submitted that a coordinate bench of this Court has already rejected the S.B. Cr. Misc. Bail Appl. No.66/2010 of co- accused Krishan Kumar vide order dated 11.3.2010, where all these arguments except the affidavits procured by the petitioners were considered and the bail application was rejected. Upon hearing the learned counsel for the parties and perusing the statements of those six witnesses recorded under Section 161, I do not find any distinction between the case of the petitioners and that of Krishan Kumar, who too like the petitioners was not named in the FIR. The affidavits procured in the course of time cannot be given importance. The statement of witnesses would be necessary even if it means to press their creditworthiness. The bail application is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/