AB 3153/2011 BEFORE THE HON’BLE MR JUSTICE A.C. UPADHYAY. Heard Md. S. Islam, learned counsel appearing for the petitioner and Mr. B.B. Go goi, learned Addl. Public Prosecutor for the State respondent. Mr. Gogoi by producing the case diary has apprised the Court about the progress of the investigation. This is an application u/s 438 CrPC for granting pre-arre st bail on behalf of the petitioner Mostafa Hussain in connection with Dhubri PS Case No.309/2011 us/ 376 IPC. The allegation against the petitioner is that from last 10 months the petitioner committed rape on the victim by using force and against her will. It is further alleged that the petitioner promised to marry her after marriage of his younger sister. They were apprehended while having sexual intercourse and a village bic har was held in this regard. The allegations levelled against the petitioner do not reveal sufficient incriminating materials warranting his custodial interroga tion. Considering the nature of the case and the gravity of offence and further consid ering the progress of the investigation, I am inclined to grant the privilege of pre-arrest bail to the accused petitioner in connection with the aforementioned police station case and direct that in the event of arrest of the petitioner, h e shall be released on bail of Rs.10,000/- with one local surety of the like amo unt to the satisfaction of the arresting authority, on condition that he shall a ppear before the I/O as and when required and shall cooperate with the investiga tion of the case. Bail application stands disposed of.