AB 2731/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant bail application is filed under Section 438 CrPC by the petitioners, 06 in numbers, namely (1) Sri Sita Ram Gour, (2) Sri Kishun Gour, (3) Sri Bishn u Gour, (4) Sri Sadhua Gour, (5) Smti. Putulia Gour and (6) Sri Samua Gour for g ranting them bail in the event of their arrest in connection with Silchar P.S. C ase No. 1309/2011 under Sections 147/ 448/ 427/ 291/ 354/ 379 IPC (corresponding GR Case No. 2644/2011). Heard Mr. BR Dey, learned senior counsel assisted by Mr. P Sen, learned counsel for the petitioners who submits that the petitioners are implicated in the afore said PS case due to enmity relating to land dispute. He also stated that Sita Ra m Gour, one of the petitioners filed a complaint before the Addl. District Magis trate, Cachar under Section 144 CrPC against the present informant. Mr. K Munir, learned Addl. PP for the State in his usual fairness submits that a s there is case and counter case between the parties, it would not be proper on the part of the State to oppose the prayer for pre-arrest bail particularly, whe n the matter is relating to land dispute. Though normally the Court does not grant pre-arrest bail without perusing the CD but in view of the fair submission of the learned Addl. PP, it is directed that the above named petitioners shall be enlarged on bail in the event of their arr est in connection with the aforesaid PS Case on furnishing a bond of Rs. 10,000/ - with one surety each of the like amount to the satisfaction of the arresting a uthority on further condition that the petitioners, except petitioner Nos. 2 and 3, shall appear before the IO of the case as and when called for and shall not leave the State of Assam without prior permission of the learned CJM, Silchar. T hey shall not directly or indirectly make any inducement, threat or promise to a ny person acquainted with the facts of the case so as to dissuade him from discl osing such facts to the Court or to any police officer. As the petitioner Nos. 2 and 3 are students, this Court is not imposing any cond itions upon them. However, as and when they will come to their residence he shal l meet with the Io of the case, subject to they are called for. With the aforesaid order, the instant anticipatory bail application stands dispo sed of.