AB 1021/2011 BEFORE HON’BLE MR JUSTICE H.BARUAH Heard Mr. D. Mazumdar, learned counsel for the petitioner and Mr B.B.Gogoi, lear ned Addl. P.P. Assam. Karimganj P.S.Case No. 86/2011 was registered U/ss. 447/427/323 /324/34 IPC on the basis of an FIR lodged by one Aditi Das, W/o. Ashis Das, Nilo moni Road,Ward No.9, Karimganj against the petitioner along with 3 others wherei n it was alleged that the accused persons illegally trespassed into the land of the informant and forcibly damaged the boundary fencing of their land and while resisted, the petitioner and other accused persons assaulted the informant and h er husband. The first informant received injury on her left finger. The petition er apprehending arrest in connection with the aforesaid case has filed this bail application U/s. 438 CrPC. It is submitted by the learned counsel for the petitioner that the petit ioner is an old man, aged about 56 years and he is not capable of assaulting the informant as alleged. Mr. B.B. Gogoi, learned Addl. P.P.Assam has submitted that the p etitioner alleged to have inflicted a blow on informant’s left hand with sharp w eapon. He further submits that the medical report in respect of the informant is not available and thus prays for some more time to produce the medical report f or the purpose of disposal of this bail application. On the allegations brought in the FIR, it appears that the petitioner al ong with 3 others assaulted the first informant and her husband. Over and above , they also damaged the boundary fencing of the informant. From the aforesaid fa ct, it appears that the petitioner is involved in the assault as alleged. However, upon hearing the learned counsel for the parties and also consi dering the age of the petitioner and the stage of investigation, petitioner is d irected to appear before the learned Chief Judicial Magistrate, Karimganj for re gular bail and the learned Chief Judicial Magistrate, Karimganj would consider t he same in accordance with law, if preferred. The interim bail provided by this court on 20.4.2011 is extended till 20 .5.11. During this period, the petitioner shall appear before the learned Chief Judicial Magistrate, Karimganj and apply for bail. With the above observations and directions, the bail application stands disposed of.