AB 950/2011 BEFORE HON’BLE MR JUSTICE I. A. ANSARI This is an application made, under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, 1) Sri Babul Barua @ Bablu Barua and 2) Sri Asit Bar ua, in connection with Behali Police Station Case No. 17 of 2011, under Section 379 IPC read with Sections 40/41 of Assam Forest Regulation Act. Perused the above application and materials on record. Also perused the copy of the order, dated 8.3.2011, passed in A.B. No.452 of 2011, whereby the petitioner s’ earlier application for pre-arrest bail was rejected. Heard Mr. G. N. Sahewalla, learned Senior Counsel for the petitioners, and Mr. K. Munir, learned Additional Public Prosecutor, Assam. At the instance of the petitioner, the case diary has, once again, been perused. The case diary reveals incriminating materials against the petitioners. Though reliance has been placed by the petitioner on the order, dated 25.4.2011 passed in A.B. No.857/2011 giving benefit of pre-arrest bail to one of the accused name d in the F.I.R., the fact of the matter remains that the attention of the Court had not been drawn to the order, dated 8.3.2011, passed in A.B. No.452/2011, whe n the order, dated 25.4.2011, came to be passed. In such circumstances, merely b ecause a co-accused has been given the benefit of pre-arrest bail, no order for pre-arrest bail can be given in favour of the present petitioners, when their ca ses were considered on merit and rejected. In the result and for the foregoing reasons, the prayer for pre-arrest bail made by the petitioners is hereby rejected. The bail applications stands disposed of.