AB 1083/2011 BEFORE HON’BLE MR JUSTICE K. MERUNO Heard Mr. H. R. A. Choudhury, learned senior counsel, assisted by Mr. A. Matin, learned counsel, appearing for accused petitioners. Also heard Mr. K. Munir, learned Addl. P.P., for the respondent State of Assam, and Mr. M. H. Ahmed, learned counsel appearing for informant. Case Diary, as called for, has been produced today. After going through the Case Diary, the learned Addl. P.P., Assam, has s ubmitted that the injuries caused to the victim, are of simple in nature, which this Court believe to be true statements as derived by the learned Addl. P.P. fr om the records reflected in the said Case Diary. However, Mr. Ahmed, learned counsel appearing on behalf of the informant vehemently objects to the prayer for grant of pre-arrest bail to accused petiti oners No. 1-5. The learned counsel also submits that the he has got video footag e of the incident, in question, in the form of Compact Discs, which according to him, truly depicts about what had happened on that fateful day. This Court, however, would rather go with the contents of the Case Diary as maintained by the I.O. of the case and so submitted before this Court by the learned Addl. P.P. on the basis of the said Case Diary. After hearing the learned counsel appearing for the parties, I am of the considered opinion that accused petitioners No. 1-5, being situated with accuse d petitioners No. 6-31 of the instant bail application who have already been enl arged on interim bail by this Court vide order dated 02.05.2011, equity demands that same benefit should also be extended to accused petitioners No. 1-5. In the premises as stated above, accused petitioners No. 1-5, viz. (i) A li Akbar Khan, (ii) Md. Siraz Khan, (iii) Moslem Uddin, (iv) Afaz Uddin, and (v) Shomez Uddin, are also extended the same benefit as was extended by this Court to accused petitioners No. 6-31 vide Order dated 02.05.2011, and accordingly, th ey are also hereby granted bail in connection with Kalgachia Police Station Case No. 32/2011 under Sections 147/ 148/ 149/ 448/ 325/ 326/ 354/ 427/ 379/ 436/50 6 of Indian Penal Code, on the same terms and conditions as reflected in this Co urt’s order dated 02.05.2011 while extending interim bail to accused petitioners No. 6-31. With the above directions, this bail application stands disposed of.