Cr.M.P.(M) No. 892 of 2008 10.9.2008 Present: Mr. B. Ahuja, Advocate for the petitioner. Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for releasing the petitioner on bail in case F.I.R. No. 80 of 2003 dated 29.5.2003 registered at Police Station, Gagret, District Una, H.P. under Sections 395 and 397 of the Indian Penal Code. Learned Deputy Advocate General has filed the report and has placed the record for perusal of the Court. Mr. B. Ahuja has strenuously argued that his client is not involved in the alleged offence and has been falsely implicated by the police. He also contended that the ingredients of Section 395 of the Indian Penal Code are not made out in the present case. The learned Deputy Advocate General has resisted the application. I have heard the parties and have perused the record. F.I.R. No. 80 of 2003 was registered on 29.5.2003 under Sections 395 and 397 of the Indian Penal Code at Police Station Gagret, Disitrict Una, H.P. The case of the police is that it received a telephonic message on 29.5.2003 from one Mr. Pawan Singh, Salesman of the Petrol Pump. According to Pawan Singh, 6-7 persons came to the petrol pump in black coloured Indica car and committed dacoity and looted money from the official of the petrol pump. According to the complainant, the occupants of the car were armed with rods. They snatched keys of the safe and took away Rs. 15000-16000/-. The challan was put up against the accused persons in the Court on 13.8.2003. The other co-accused were convicted by the Presiding Officer, Fast Track Court, Una vide judgment dated 19.5.2005. The petitioner was declared proclaimed offender by the Punjab police. As per the report, he is involved in 5-6 cases in Punjab also. It has come in the record that the petitioner had hired the car on 28.5.2003 from Shri Parvinder Kumar. The petitioner had earlier filed an application under Section 439 of the Code of Criminal Procedure before the learned Additional Sessions Judge, Una on 12.6.2007. The bail application was rejected by the learned Additional Sessions Judge on 13.7.2007. He had also approached this Court by way of Cr.M.P.(M) No. 740 of 2007. The same was rejected by this Court on 11.1.2008. The record of Cr.M.P.(M) No. 740 of 2007 was also summoned from the Registry. A copy of order dated 13.7.2007 passed by the learned Additional Sessions Judge, Una has been annexed with Cr.M.P. (M) No. 740 of 2007. It has come in the order passed by the learned Additional Sessions Judge, Una that according to the prosecution, the petitioner has master-minded the dacoity. It is apparent from the record that the petitioner is a hardened criminal. He is involved in number of criminal cases and is presently lodged in Central Jail, Jallandhar. He is the person, who has hired the vehicle in question from Shri Parvinder Kumar. The other co-accused had already been convicted on 19.5.2005 by the learned Presiding Officer, Fast Track Court, Una. In view of the observations made hereinabove and in view of the allegations leveled against the petitioner, it is not a fit case where he can be enlarged on bail. Consequently, the bail application is rejected. (Rajiv Sharma), J. September 10, 2008. (cr)