1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 899 of 2011. Date of decision: 15.11.2011. Rakesh Kumar alias Rocky Sharma. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr.Paras Doger, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General with Mr. J.S.Rana, Assistant Advocate General. Kuldip Singh , Judge( Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.107/2011 dated 04.11.2011, registered at Police Station ,Gagret, under Sections 452, 326, 324,506 IPC. 2. It has been stated that petitioner has been falsely implicated in the case. On account of registration of the case, the petitioner apprehends his arrest in the above case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioner on bail. 3. The status report has been filed. It has been stated that case has been registered on the basis of statement under Section 154 Cr.P.C. of Om Prakash, Beat Guard, Joh, Tehsil Amb. It has been stated that on 04.11.2011 the complainant asked the petitioner why he had been 1 Whether reporters of Local Papers may be allowed to see the Judgment ? . Yes 2 loading stones from Reserve Forest in the tractor. The petitioner and his associates at that time went from there along with the tractor. However, at about 8.15 p.m. on that date petitioner trespassed into the quarter of the complainant and hit him with the lid of pressure cooker which caused serious injuries to the complainant. He was saved by Bias Bhardwaj and Gurdev Dutt. The petitioner while leaving extended threat to the complainant that he would see him later on. Bias Bhardwaj and Gurdev Dutt took the complainant to C.H.C., Daulatpur in ambulance. On this the case was registered. 4. The doctor in the MLC after C.T.Scan has opined the injury as grievous. The tractor has been taken into possession. It has been stated that in the past following cases have been registered against the petitioner: i) FIR No. 29/2009 dated 26.02.2006 under Sections 436, 34 IPC. ii) FIR No.9/2007 dated 12.01.2007 under Sections 452,323,336, 506, 34 IPC. iii) FIR No. 103/07 dated 13.07.2007 under Sections 325, 323,34 IPC, all registered at Police Station, Gagret. It has been submitted that petitioner is habitual offender and , therefore, anticipatory bail may not be granted to him. In addition, it has been submitted that custodial interrogation of the petitioner is required in the present case. 5. Heard both the sides and perused the record. The doctor in the MLC has opined Communited fracture Zygomatic arch etc.,hence, the injury to be grievous. The complainant stopped the petitioner from taking illegally stones from Reserved Forest. In retaliation, the petitioner trespassed over the house of the complainant, gave him severe beatings 3 and caused fracture. It appears the petitioner is habitual offender. In the past at least three cases were registered against him. Therefore, in the facts and circumstances of the case, the petitioner is not entitled to indulgence of bail under Section 438 Cr.P.C. Accordingly, the bail application is dismissed. 6. The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. ( Kuldip Singh ), Judge. November 15, 2011. (Krt)