AB 1903/2011 BEFORE THE HON’BLE MR. JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioners, namely, (1) Julhash Uddin, (2) Majibar Rahman, (3) Banikanta Da s, (4) Manoj Kumar Nath, (5) Humayoun Kabir Kazi @ Kazi and (6) Prafulla Nath @ Arjun Nath in connection with Salbari P.S. Case No. 31/2011 (G.R. Case No.1284/2 011) under Sections 420/406/409/34 IPC. Heard Mr. A. R. Sikdar, learned counsel appearing for the petitioners, and Mr. K . Munir, learned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the Case Diary has apprised the Court regarding progress of the investigation. Learned counsel for the petitioners has submitted that the petitioners are only investors in the Millennium Multi Service, a Unit of Seventh Sky Real Estate & M ulti Service Pvt. Ltd. Mr. K. Munir, learned Addl. P.P. has submitted that the Company has wound up aft er defrauding the investors. The petitioners are not named in the FIR. Considering the facts and circumstances of the case and further considering that the petitioners are the only investors in the Company, I do not find sufficient incriminating materials against the petitioners warranting their custodial inte rrogation in connection with this case. Accordingly, it is provided that in the event of arrest of the petitioners, (1) Julhash Uddin, (2) Majibar Rahman, (3) Banikanta Das, (4) Manoj Kumar Nath, (5) Humayoun Kabir Kazi @ Kazi and (6) Prafulla Nath @ Arjun Nath in connection with the case aforementioned, they shall be released on bail on their furnishing a b ond of Rs.10,000/- with one local surety of the like amount each to the satisfac tion of the arresting authority on condition that they shall cooperate with the investigating agency and shall make themselves available to the I/O of the case as and when required. With the above directions, the bail application stands disposed of.