Cr Bail 1351/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench *** Cr. Misc. Bail Appl. No.1351/2008 Raghunath & Ramratan Versus State Date of Order ::: 27/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Vijay Kumar Sharma, for applicants Mr. RP Kuldeep, Public Prosecutor for State Mr. Mukesh Pal for Mr. Anurag Sharma, for complainant. Heard learned counsel for applicant as well as for complainant and the learned Public Prosecutor and perused the material available at the time of arguments. Counsel for applicant inter-alia submits that there is cross FIR No.344/07, as per which Raghunath (present applicant) has also sustained injuries and on Parcha Beyan, FIR was registered at the behest of father of deceased but there is no such specific allegation against present applicants assigning any overt-act in commission of offence while challan has been filed and are is in judicial custody. Per contra, Counsel for complainant and learned Public Prosecutor have read over statements of eye witnesses (Jitendra & Balbir) recorded U/s 161 CrPC, as per which, the present applicants have been specifically named and as per post mortem report report of deceased, injury on head of deceased was the cause of death, which Cr Bail 1351/08 //2// has been allegedly attributed to the present applicants. As regards cross FIR at the behest of accused party, Public Prosecutor submits that negative final report has been submitted by the police after detailed inquiry and investigation. Taking note of nature of accusation as appearing from the statements recorded U/s 161 CrPC particularly of Jitendra & Balbir (eye witnesses) and the post mortem report, this Court is not inclined to enlarge the applicants (Raghunath & Ramratan) on post-arrest bail U/s 439 CrPC. Consequently, bail application is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/1351CrBail08dis.doc