IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPM No.1184 of 2010 Date of decision : November 10, 2010 Rakesh …Applicant. Versus State of H.P. …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Applicant : Mr. N.K. Tomar, Advocate. For the Respondent : Mr. Vikas Rathore, Deputy Advocate General and Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, J (Oral) Applicant Rakesh has been booked for offences, under Sections 452, 325 and 323 of the Indian Penal Code, at Police Station Rajgarh. Allegation against him is that on 26th October, 2010, around 10 in the night, he went to the house of one Shyam Prakash, who was asleep, armed with a Danda and hit him on various parts of his body. One of the arms of said Shyam Prakash was fractured, as a result of the assault. 2. Matter was reported to the police. Applicant then applied for anticipatory bail to this Court. Interim bail was granted on 29th October, 2010. 3. I have heard learned counsel for the applicant as also learned Deputy Advocate General and gone through the record. Whether reporters of the local papers may be allowed to see the judgment? …2… 4. No doubt, offences, under Sections 325 and 323 of the Indian Penal Code are bailable, but the offence of house trespass, under Section 452 of the Indian Penal Code is not bailable. Applicant entered the house of his neighbour Shyam Prakash late in the night at 10, armed with a Danda, and hit him when he was asleep, causing fracture of one of his arms. Therefore, in my considered view, this is not a fit case for grant of bail, before arrest. Hence, the application is dismissed. November 10, 2010(sd) ( Surjit Singh ), J