26.09.2011 Shri Deependra Singh Tomar, Advocate for the applicant. Ms. Nutan Saxena, Public Prosecutor for the respondent- State. Shri A.S. Chauhan, Advocate for the complainant. Heard. Perused case diary. This is second application under Section 439 of Cr. P. C. filed on behalf of applicant for grant of bail. First application was disposed of in M.Cr.C. No.337/11 vide order dated 30.3.11 with liberty to repeat after statements of Keshar Bai, Munni Bai and Kalyan Singh are recorded in concerned Sessions trial. The applicant has been arrested in connection with Crime No.61/2010, registered at police station Unnav, District Datia for the offence punishable under Sections 302, 147, 148, 149 of IPC. As per prosecution case, applicant and co-accused committed murder of deceased Rammilan by means of stone. It is contended by learned counsel for the applicant that statements of Keshar Bai, Munni Bai and Kalyan Singh have already been recorded in Sessions trial No.70/11 before Additional Sessions Judge to the court of A.S.J. Datia. It is further contended that in the statements of Munni Bai and Kalyan Singh recorded under section 161 Cr.P.C., they have not stated that they themselves saw deceased going with the applicant on the date of incidence. It is further submitted that in their merg statements they have named some other five persons and have not named the present applicant. It is further submitted that statement of Keshar Bai is recorded after six months of alleged incidence and all of these witnesses have developed some another concocted story implicating the present applicant in crime. Applicant is in custody since 21.12.2010. On these grounds, prayed for grant of bail. Learned Public Prosecutor for the respondent- State opposed the application and prayed for its rejection. Considering the facts and circumstances of the case, this application is disposed of with a direction to trial court to expedite the trial. A copy of this order be sent to the court concerned for compliance. CC as per rules. ( Indrani Datta) Judge van