AB 392/2010 BEFORE THE HON’BLE MR JUSTICE K.MERUNO Heard Mr. P.C.Dey, learned Counsel appearing for the petitioner and Mr. B.S. Sinha, learned Addl. P.P for the State. The petitioner Md. Muktar Hussain is apprehending arre3st in connection with So napur P.S Case No. 215/10 under Sections 341/325/394/506/34 IPC which has been r egistered with regard to an incident that took place at about 9 A.M on 8.12.10. After hearing the learned Counsel for the parties and upon perusal of the Case D iary which has been produced by the learned Addl.P.P. it reveals that the three independent witnesses identified the petitioner and one Samsul Hoque to be invo lved in the alleged incident inflicting assault to the informant/victim. The petitioner belongs to an organization of Produshit Udyog Birodhi Sangrami Ma ncha,Chamata Pathar,P.O Sonapur who has been opposing against the proposed esta blishment of an Industry of Star Cement in Chamata Pathar, Guwahati (M) District . The learned Counsel for the petitioner submits that a concocted story has been filed by the complainant to implicate the petitioner, who is a respectable pers on of the society also a Class II contractor by profession in the establishment of Superintending Engineer,Guwahati Project Circle (Irrigation),Guwahati and ha ving deep root in the society and there is no likelihood of absconding the petit ioner, if he is allowed to go on pre-arrest bail by imposing any conditions by t his Court. However, considering what has been revealed from the Case Diary produced by t he learned Addl.P.P., this Court is of the considered view that the petitioner h as not made out a prima- facie case for granting the privilege of pre-arrest bai l. However ,the petitioner shall approach before the learned Court below for reg ular bail, if so advised. In the facts and circumstances of the case, this bail application stands rejecte d. Rejection of this bail application shall not be a bar to the filing of regular bail petition before the Court below. The ground urged with Section 394 Cr.P.C. is not applicable but can also be urged before the Court below by giving opportu nity to the petitioner on this ground.