AB 3713/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant pre-arrest bail application is filed by the petitioner, Shri Raju De y, under Section 438 CrPC for granting him bail in the event of his arrest in co nnection with Lanka P.S. Case No.220 of 2011 under Sections 366/420/325/354/506 IPC. Mr. P. K. R. Choudhury, learned counsel appearing for the petitioner while urgin g for bail would contend that the whole complaint petition subsequently register ed as an FIR is a false and fabricated one. The petitioner is in no way involved with the alleged offence. More so, he is a Government employee working in the o ffice of Railway. Thus there is no possibility of his abscontion and tampering t he witnesses. He further submits that the petitioner is ready to appear before t he IO of the case, if necessary, once in a week. Mr. B. S. Sinha, learned Addl. PP for the State though normally oppose the bail application but in the instant case conceded to the prayer of the petitioner tak ing note of the fact that the complainant-informant herself lodged the complaint . Therefore, it can be safely said that he is not under the custody of the prese nt petitioner and also there is no requirement for custodial interrogation. He f urther submits that the Court can grant bail even without case diary. This Court has gone through the complaint cum FIR and according to this Court th is is a fit case where pre-arrest bail can be granted. Accordingly, it is direct ed that the petitioner shall be enlarged on bail in the event of his arrest in c onnection with the aforesaid PS case on furnishing a bond of Rs.10,000/- with tw o sureties of the like amount, out of which one should be a Government employee to the satisfaction of the arresting authority. On further condition that he sha ll make himself available for interrogation by an investigative officer as and w hen required and he shall not, directly or indirectly, make any inducement, thre at or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any poli ce officer and he shall not leave the State of Assam without prior permission of the learned SDJM, Shankardev Nagar, Hojai. With the aforesaid order, the instant pre-arrest bail application is allowed.