Sbcrlmb 2nd No.11361/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.2nd BAIL APPLICATION NO.11361/2010. Krishna Kant Vs. State of Rajasthan Date of order : December 16, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anil Upman for petitioner. Shri Mahendra Meena, Public Prosecutor for State. ****** The first bail application of the petitioner was dismissed by this Court vide order dated 28/7/2010 with liberty to him to again apply for bail before the court of sessions after the statements of Hemsingh, Dharmendra and Omprakash are recorded. Although statement of Omprakash has been recorded but he is not supporting the prosecution case. Other two witnesses Hemsingh and Dharmendra are not turning up despite number of dates fixed for that purpose. Since so far statement of only one witness-Omprakash has been recorded and statements of Hemsingh and Dharmendra are yet to be recorded, I am not inclined to change my view. It is impressed upon the trial court to summon those two witnesses, if they are not appearing, by issuance Sbcrlmb 2nd No.11361/10. 2 of arrest of warrants and it shall be the duty of the concerned Superintendent of Police to ensure their appearance before the court. This second bail application u/S.439 Cr.P.C. in F.I.R. No.114/2010 P.S. Maniya, District Dholpur for offence u/Ss.394 and 307 read with Section 34 IPC is therefore dismissed however with the liberty to the petitioner to again apply for bail before the court of sessions itself after those statements are recorded. (MOHAMMAD RAFIQ), J. anil