1 S.B.Cr.Misc. Bail Appli. No.678/2008 (Biru Vs. State of Rajasthan) Date of order : February 28, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.L.K.Ramdhari, for the petitioner. Mr.Narendra Moolchandani, P.P. for the State. Mr.Rakesh Matoria, for the complainant. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and the challan papers. It is contended by learned counsel for the petitioner that the petitioner has not been named in the FIR. However, first informant Prem Dass has named the petitioner as assailant. On careful perusal of the challan papers, more particularly the statement of first informant Prem Dass, in my view, at this stage, it is not a fit case to release the petitioner on bail. 2 The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. However, the trial court is directed to record the statement of witness Prem Dass on priority basis. The petitioner will be at liberty to move a fresh bail application after the statement of Prem Dass is recorded by the trial court. (H.R.PANWAR),J. m.asif/-