AB 3815/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. K. Bhuyan, learned counsel for the petitioner and Mr. BB Gogoi, learne d Addl. P.P.. This is an application u/s 438 CrPC, seeking pre-arrest bail on behalf of the pe titioner, Sheikh Majibar in connection with Dispur PS Case No.1620/2011 u/s 406 IPC. Perused the case diary and materials on record. The allegation in the FIR is that the accused borrowed a sum of R.1 Lac from the complainant with the assurance that the amount will be returned within 30th Jun e, 2011 and if he failed to refund the money within time, the complainant shall take possession of house of the accused situated at Sahid Ali Nagar, Bihar Basti , Sijubari, Guwahati. Learned counsel for the petitioner submits that the petitioner has joined invest igation by appearing before the I.O. of the case. Considering the matter in its entirety, this Court is of the view that there is an element of civil dispute between the parties. Therefore, the accused/petition er can be extended the benefit of pre-arrest bail in connection with this case. Accordingly, the interim pre-arrest bail order dated 25.11.2011 passed by this C ourt, is hereby made absolute. The bail application stands disposed of.