ORDER : – Case diary is available.

2. This second application under section 439 of Criminal Procedure Code has been filed for grant of bail. The first application was dismissed by order dated 5-5-2022 passed in M.Cr.C. No. 22080/2022.

3. The applicant has been arrested on 16-11-2021 in connection with Crime No. 204/2021 registered at Police Station Indar, District Shivpuri for offence under sections 302, 201, 147, 148, 149 of Indian Penal Code.

4. This application has been filed mainly on the ground that the witnesses who were cited as eyewitnesses are not being examined by the prosecution. Accordingly, by order dated 26-9-2022, the State Counsel was directed to verify as to why Rakesh Kevat is not being summoned as witness.

5. Today, a statement was made by the counsel for the State that the Public Prosecutor conducting the trial has informed him that since he was interested to get other witness examined first, therefore, he did not include the name of Shivendra and Rakesh Kevat in the list of witnesses. However, now the case is fixed for 13-10-2022 and on the said date he would include the names of above-mentioned two eyewitnesses in the list of witnesses.

6. In view of the state