AB 1308/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioners, namely, 1. Nayeb Ali and 2. Md. Shaheb Ali @ Sayed Ali , in connection with Mererchar Police Station Case No. 12/2011, under Sections 1 20(B)/376/34 IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. N Uddin, learned counsel, appearing on behalf of the petitioners, and Mr. BS Sinha, learned Additional Public Prosecutor, Assam. In view of the fact that perusal of the case diary does not reveal such incriminating materials against the petitioner No. 2, namely, Md. Shaheb Ali @ S ayeb Ali, which would warrant his custodial detention and in view also of the fa ct that perusal of the case diary does not reveal that his liberty on bail will adversely affect further investigation, if any of the case, the interim directio ns, for pre-arrest bail, passed, in this case, in favour of petitioner No. 2, na mely, Jalmat Ali, on 16-05-2011, are hereby made absolute subject to the conditi on that the petitioner Nos. 2, namely, Md. Shaheb Ali @ Sayeb Ali, shall, within four days from today, appear before the Officer-in-Charge, Mererchar Police Sec tion, and make himself available for interrogation by police at all reasonable t ime. So far as petitioner No. 1, namely, Nayab Ali, is concerned, considering the nat ure of incriminating materials available in the case diary against the petitione r No.1, this Court is of the view that, in the facts and attending circumstances of the present case, the petitioner No. 1, namely, Nayeb Ali, cannot be given t he benefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioner No. 1, namely, Nayeb Ali, is hereby rejected. The interim direction for pre-arrest bail passed in favour of the petitioner No. 1, namely, Nayeb Ali, on 16-05-2011, shall accordingly stand vacated. With the above observations and directions, this petition shall stand disposed o f.