1 S.B. Cr. Misc. Bail Application No. 962/2008 (Gehari Lal Vs. State of Rajasthan) Date of order : 12.03.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Shambhoo Singh for the petitioner. Mr. J.P.S.Choudhary, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that the petitioner owned the land bearing Khasra No.1279 and he was levelling the land by use of JCB and therefore, no offence has been committed. Learned public prosecutor opposed the bail application and contended that a public well was existing in Khasra No. 1182 and that was digged about 30 years ago and being used by public for drinking water and the said well has been closed by the petitioner by putting the mud therein and as such he has damaged the public property. Learned public prosecutor further submits that the petitioner is in the habit of committing numerous offences and as many as 18 cases have been instituted against him in the various courts, out of which in 2 four cases he has been convicted and sentenced and in three cases he has been sentenced very recently. Keeping in view the nature of allegation and the fact that a public well which has been used for drinking water by the public at large, has been demolished by putting mud therein, in my view, it is not a fit case to release the petitioner on anticipatory bail. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp