AB 69/2011 BEFORE HON’BLE MR JUSTICE A C UPADHYAY This is an application filed under Section 438 of Cr.P.C. seeking pre-arrest bai l in favour of the petitioner, namely, Sri Niren Chandra Goswami, in connection with Gita Nagar P.S. Case No. 180/2010 registered under Section 447/386/34 IPC. Heard Mr. S K Goswami, learned counsel for the petitioner as well as Mr. B S Sin ha, learned Addl. P. P. for the State of Assam. By producing the Case Diary learned Addl. P.P. has apprised the Court regarding progress of investigation of the case. The allegation in the F.I.R against the p etitioner is forceful encroachment of land of Gita Mandir. On careful perusal of the investigation and materials available on record and al so considering the facts and circumstances of the case, I am of the considered v iew that there is no sufficient incriminating materials available against the pe titioner, warranting custodial interrogation in connection with the aforemention ed case. Accordingly, it is provided that in the event of arrest he shall be released on bail of Rs.10,000/- (Rupees ten thousands only) with one surety of the like amou nt to the satisfaction of the arresting authority on the condition that the peti tioner shall cooperate with the investigation and make himself available before the Investigating Officer as and when required. This bail application stands disposed of in terms of the above observations and directions.