IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.207 of 2008. Date of decision: 31.3.2008. Anoop Kumar ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Ramakant Sharma, Advocate. For the Respondent Mr. Ansul Kumar Bansal , Additional Advocate General. Kuldip Singh, Judge. (Oral) 1. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.153 of 2007 dated 20.9.2007 registered at Police Station, Baddi under Sections 395, 458, 380,342,411 and 120-B IPC. The learned Addl. Advocate General has submitted the status report. 2. Heard and perused the record. The prosecution case in brief is that on 20.9.2007, a written complaint was submitted by Noratan Nai at Police Station, Baddi that in the intervening night of 19/20.9.2007 he along with his companions Vijay Singh and Ram Niwas Parikh were sleeping inside the factory in a room. At about 1.30 AM 7/8 persons entered into their room and they placed knives on their necks. They demanded keys of the factory and the store. They out of fear did not reply, therefore, those persons gave Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 beatings to them, their hands were tied behind, their feet were also tied and they were put on the bed and cloths were thrown on their faces. Thereafter those persons took out keys from the drawer of their bed, then they brought a vehicle inside the factory and loaded 10 bundles of copper wires in the vehicle. They also took away Rs.32,000/- in cash, two mobile phones, one bearing No.98166-18545 and the second mobile phone was not having sim card, one Tata Sky Digital Camera. After they left, cook Sambhu, chowkidar Harinarayan came and they untied their hands and freed them. They also took away his motorcycle key from his pocket. The complainant then went to adjacent factory and informed his manager Mr. Manik. On this, case was registered. The case was earlier investigated by Inspector Gurdiyal Singh and thereafter by SI Ragubir Singh. 3. It has come in the investigation that in the intervening night on 19/20.9.2007, 16/17 persons with covered faces crossed over the wall of Rajnigandha factory and on entering the factory they immediately overpowered security guard Harinarayan of the main gate and cook Sambhu Dayal who were sleeping in a room adjacent to the main gate. They threatened them and took away from them keys of the factory and after giving them beatings confined them inside the room and a person was kept out side. Thereafter they entered into the factory where the complainant and his companions were sleeping. They overpowered all of them and whatever was found on their person was taken away, tied their hands and feet and were put on the bed, clothes were thrown on their faces. Thereafter one truck was brought inside the factory and 10 copper wires rolls, each two quintals, valuing Rs.11.44 lacs were taken away. On 3.11.2007 Rahul accused was arrested in FIR No.169 of 2007 registered at Police Station, Baddi. He during investigation disclosed that in the intervening night of 19/20.9.2007 he alongwith Anoop Kumar and others committed dacoity in 3 Rajnigandha factory and took away copper wire rolls, cash , mobile phones in one truck. On this the accused were transferred from FIR No.169 of 2007 to FIR No.150 of 2007. On 12.11.2007 the accused were arrested in FIR No.150 /07, thereafter the accused were transferred in the present case on 22.11.2007 and were arrested. Dharam Paul scrap dealer was arrested at Chandigarh and from his possession 9.85 quintals copper wire was recovered. It has come in investigation that the accused have sold the theft property for Rs.5.96 lacs to scrap dealer Dharam Paul and distributed the loot amongst themselves. There are in all 13 accused, Dharam Paul scrap dealer has been released on bail. The other accused have not been granted bail. The challan has been presented in the Court on 18.2.2008. The bail application of the petitioner has been rejected by learned Addl. Sessions Judge, Solan on 5.3.2008 and that of co-accused Rajinder Singh by this Court on 17.3.2008. The petitioner is involved in FIR No.150 dated 17.9.2007under Sections 395, 458, 380, 342, 411, 120-B IPC registered at Police Station, Baddi, He is also involved in FIR No.169/07 dated 29.10.2007 under Sections 395, 458, 380, 342, 411, 120-B IPC registered at Police Station, Baddi. The petitioner is a member of core group involved in committing dacoities in the area. This group is involved in dacoities in Punjab, Haryana, Uttrakhand and Himachal Pradesh. The petitioner’s father at place Bhud has two storey building in which there is a liquor Ahata which has been given to a contractor on rent. It has come in investigation that the accused persons involved in three dacoities used to assemble in the Ahata and used to visit petitioner frequently. The earlier bail petitions of the petitioner have been rejected. 4. The learned counsel for the petitioner has submitted that there is no legal evidence on record to connect the petitioner with the offence. The petitioner has been implicated in the case merely on the suspicion. The 4 petitioner is innocent. The petitioner is resident of Malak Majra, Nalagarh and in case he is released on bail he will comply with the bail conditions nor he will jump the bail. The learned Addl. Advocate General has opposed the bail application and has submitted that petitioner along with other co-accused had committed dacoities in Punjab, Haryana, Uttrakhand. It is not in public interest to release the petitioner on bail. The learned Addl. Advocate General has submitted that only on 17.3.2008 bail petition of co-accused Rajinder Singh in the case has been refused by this Court. The learned Addl. Advocate General has submitted that except for Dharam Paul no other accused has been released on bail. The case of Dharam Paul is different. He has also submitted that some of the accused have absconded and only 13 out of them have been arrested. There is possibility of petitioner again committing similar type of offence, if he is released on bail. 5. The petitioner is involved in serious offence in FIR No.150/07 and FIR No.169/07 in addition to FIR No.153/07 all registered at Police Station, Baddi. There are serious allegations against petitioner being member of core group having committed dacoities in adjoining States also. The bail application of the co-accused Rajinder has been rejected on 17.3.2008 by this Court. The bail application of the petitioner has also been rejected by learned Addl. Sessions Judge on 5.3.2008. There is no change of circumstance, hence petition dismissed . 6. The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. ( Kuldip Singh) Judge March 31, 2008 (sks) 5