IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc.2nd Bail Application No.7929/2009 Mahendra Singh Choudhary vs. State of Rajasthan Dated : 09.10.2009 HON'BLE MR. MAHESH BHAGWATI,J. Mr. J.P. Gupta, 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. J.P. Gupta Advocate on behalf of the applicant Mahendra Singh Choudhary pertaining to F.I.R. No. 1/09-10 of Police Station Excise Thana, South, Ajmer in the offences under Sections 19/54, 16/54 and 14/54 of Rajasthan Excise Act. 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 the trial court has recorded the statements of six witnesses so far. None of the witness is found to have supported the prosecution story and they have turned hostile. On the basis of this evidence the accused cannot be convicted, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merit of the case but keeping in view the blemished antecedents of the petitioner do not see any good ground to change my earlier view and the second bail petition is also dismissed for those very reasons as enumerated in Para 5 of the first bail order dated 9th September, 2009. (MAHESH BHAGWATI),J. Mak/- s-8