1 S.B. Cr. Bail Application No. 115/2008 (Manoj Kumar Vs. State of Rajasthan) Date of order : 04.02.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Dev Krishan Gaur for the petitioner. Mr. L.R.Upadhyay, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and challan papers. By the instant bail application under Section 439 Cr.P.C., the petitioner has challenged the order dated 17.7.2007 passed by Additional Sessions Judge (Fast Track) No.2, Bikaner. It appears that after passing the order impugned, almost about seven months have elapsed and the trial court has recorded the statements of various witnesses. However, since after passing of the order, the trial has proceeded and the statements of the witnesses have been recorded, though the counsel for the petitioner has argued the matter on merit, but in my view, it would be expedient to permit the petitioner to move a fresh bail application so that the trial court can take notice of the evidence recorded by it. In the circumstances, therefore, let the petitioner move a fresh bail application before the trial court and if such a 2 bail application is moved, the trial court shall consider and decide the same in accordance with law without being influenced by the earlier order. With these observations, the bail application stands disposed of. (H.R.PANWAR), J. rp