AB 62/2011 BEFORE HON’BLE MR JUSTICE A C UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioners, namely, (1) Smt. Pranati Sarkar, (2) Sri Nikunja Sarkar and (3) Sri Krishna Sarkar in connection with Kachugaon P.S. Case No. 50 of 201 0 (G.R. Case No.1167/2010), under Sections 376/313/511/34 of IPC. Heard Mr. G Baishya, learned counsel for the petitioners as well as Mr. B S Sinha, learned Additional Public Prosecutor for the State of Assam. By producing the Case Diary the learned Additional Public Prosecutor has apprised the Court regarding the progress of investigation of the case. On care ful perusal of the Case Diary it appears that at the time of commission of offen ce of alleged rape upon the victim, the parents and brother of the accused Sri P rasenjit Sarkar were not present at home. Now this petition for pre-arrest bail has been filed by the parents and brother of the main accused. Apparently, there is no medical report in respect of pregnancy of the vi ctim to attract the ingredient of offence under Section 313 IPC. On careful perusal of the investigation and materials available on recor d and also considering the facts and circumstances of the case, I am of the cons idered view that there is no cogent and sufficient incriminating materials avai lable against the petitioners, warranting their custodial interrogation in conne ction with the aforementioned case. Accordingly, it is provided that in the event of arrest of the petitioners namel y (1) Smt. Pranati Sarkar and (2) Sri Nikunja Sarkar and (3) Sri Krishna Sarkar, they be allowed to go on bail of Rs.10,000/- (Rupees ten thousands only) each w ith one surety of the like amount to the satisfaction of the arresting authority on the following conditions : (1) That the petitioners shall cooperate with the investigation of the case. (2) That the petitioners shall make themselves available before the Investig ating Officer as and when required. This bail application stands disposed of in terms of the above observati ons and directions.