IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.75 of 2008. Date of decision: 17.3.2008. Rajinder Singh ………. 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. D.R. Verma, 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 and 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 companion Vijay Singh and Ram Niwas Parikh were sleeping inside the factory in a room. At about 1.30 AM 7/8 persons tress passed into their room and they placed knives on their necks. They demanded keys of the Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 factory. They out of fear did not reply, therefore, those persons gave beatings to them, their hands were tied behind, their legs were also tied and they were put on the bed and they threw cloths on their faces. Thereafter those persons took out keys from the drawer of their bed, then they brought the vehicle inside the factory and loaded 10 bundles of copper in the vehicle. Those persons took away Rs.32,000/- in cash, two mobile phones and Tata Sky Digital Camera. After they left, cook Sambhu, chowkidar Harinarayan freed them. Those persons also took away his motorcycle key from his pocket. He disclosed this fact on telephone to Manager Mr. Manik from adjoining factory. On this, case was registered. The case was initially investigated by Inspector/SHO Gurdiyal Singh. 3. It has come in the investigation that in the intervening night on 19/20.9.2007, 16/17 persons by crossing wall entered into premises of Rajnigandha factory. They overpowered security guard Harinarayan and cook Sambhu Dayal. They threatened them and took keys of the factory from them. One person was put out side. They then overpowered the complainant and his companion, gave them beatings and whatever was found on their person that was taken away. They were left with hands tied behind and were put on the bed and clothes were thrown on their faces. Thereafter one truck was brought inside the factory and 10 copper rolls, each two quintals, valuing Rs.11.44 lacs were taken away. On 3.11.2007 some persons were arrested in FIR No.169 of 2007 registered at Police Station, Baddi. During the investigation of FIR No.169 of 2007, it was revealed that in the intervening night of 19/20.9.2007 the petitioner and others entered into Rajnigandha factory and took away copper wire rolls, cash , mobile phones. The accused were earlier transferred from FIR No.169 of 2007 to FIR No.150 of 2007 and ultimately petitioner etc. were transferred to FIR No.153 of 2007 3 and were arrested. On the interrogation of the accused, Dharam Paul scrap dealer was arrested from Chandigarh and 9.85 quintals copper wire was recovered from him which was sold to him for Rs.5.96 lacs and the loot was distributed among the accused persons of FIR No.153 of 2006. In the case, 13 accused have been arrested. The challan has been presented in the Court on 18.2.2008. The scrap dealer Dharam Paul has been released on bail. The bail application of the petitioner has been rejected by this Court on 13.12.2007. At present five cases including the present case of house tress pass and robbery in the form of FIR No.210/06, Police Station, Barotiwala, FIR No.231/06, Police Station Barotiwala, FIR No.150/06, Police Station Baddi, FIR No.153/07, Police Station, Baddi, FIR No.169 /07, Police Station, Baddi are pending against him. 4. The petitioner earlier filed Cr.MP(M) No.849 of 2007 for releasing him on bail in the Court which was rejected on 13.12.2007. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. He is permanent resident of Himachal Pradesh. The custody of the petitioner is no more required in as much as the challan has already been filed in the Court. The learned counsel for the petitioner has relied on Vikas vs. State of Haryana 2006(2) RCR 705 and has submitted for releasing the petitioner on bail. The bail application has been opposed by the learned Additional Advocate General. He has submitted that petitioner is involved in a serious case. He has criminal record. The bail application of the petitioner was earlier rejected by this Court on 13.12.2007 and there is no change of circumstance. In all five cases are pending against the petitioner. There is no change of circumstance after the order dated 13.12.2007 except that challan has been filed in the Court. The allegation of the prosecution is that petitioner is an 4 active member of the gang operating in the area, Vikas case supra relied by the learned counsel is not applicable in the present case in as much in that case the bail was granted on the ground of parity. The possibility cannot be ruled out, in case, the petitioner is released on bail, he will again commit similar type of offences. No case for bail under Section 439 Cr.P.C. is made out by the petitioner, accordingly application is dismissed. 5. 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 17, 2008 (sks)