IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc.2nd Bail Application No.10374/2009 Manjeet @ Mangi lal vs. State of Rajasthan Dated : 08.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. D.S. Dhariwal, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. D.S. Dhariwal Advocate on behalf of the applicant Manjeet @ Mangi lal pertaining to F.I.R. No. 237/2009 of Police Station Nahargarh Road, Jaipur, in the offences under Sections 302/34 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that there is only one statement of Hemraj Bairwa against the accused petitioner Manjeet @ Mangi lal, on the basis of which challan has been filed against him in the court. The witness PW-4 Hemraj Bairwa has not supported the prosecution case and has turned hostile, hence, the accused petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application on the ground that apart last seen evidence, the boxes belonging to the deceased in the house, have been recovered at the instance of the accused petitioner and the statement of the Investigating Officer have yet not been recorded. His evidence is of prime importance, hence, the petitioner should not be released on bail. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that the first bail petition was dismissed on 10.02.2009 by detailed order. I do not find any good ground to change my earlier view, hence, the second bail petition filed on behalf of the petitioner also stands dismissed for those very reasons which were enumerated in the first bail order. 6. However, the accused petitioner may file fresh bail petitioner after recording the statements of the Investigating Officer and those witnesses in whose presence the box belonging to the deceased, is said to have been recovered. (MAHESH BHAGWATI),J. Mak/- 21