S.B. CRIMINAL MISC. BAIL APPLICATION NO. 2262/2007 (Narendra Singh Vs. State of Raj.) DATE OF ORDER : 4.7.2007 HON'BLE MR. JUSTICE BHANWAROO KHAN Dr. SS Jodha,for the applicant. Mr. Vishnu Kachhawaha, Public Prosecutor. Heard learned counsel for the applicant and learned Public Prosecutor for the State. The accused is facing charge under Sections 302 and 397 IPC. The challan has already been filed against the accused person. Learned counsel for the petitioner argued that the name of the accused does not find in the FIR, but Prakash Khatri alleged to have been fired on Krishan Kumar and Prakash Khatri has not been arrayed as accused in the challan, but fire arms has been recovered from the accused Narendra Singh. While perusing the statement recorded under Section 161 Cr.P.C. it reveals that out of three persons, only one person fired on the deceased and he has not been impleaded in the FIR. Looking to the recovery and facts and circumstances of the case, it is not a fit case to enlarge the accused-petitioner on bail under Section 439 Cr.P.C. Accordingly, the bail application under Section 439 Cr.P.C. is rejected with liberty to the petitioner to file afresh as and when the statement of informant Ram Pratap is recorded before the trial court. The trial court is directed to record the statement of informant Ram Pratap after framing the charges as early as possible preferably as first witness. (BHANWAROO KHAN),J. RM/-