AB 3131/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner, Md. Jafar Ali Khan, praying for bail, apprehending his arrest, in connectio n with Lumding PS Case No. 210/11 under Sections 406/420 IPC. Heard Mr. I. Uddin, learned counsel for the petitioner and Mr. B S Sinha, learned Addl. PP, Assam. Also heard Mr. RP Sarma, learned Sr. counsel a ppearing for the informant and objecting the bail prayer. Perused the case diary. The petitioner is the Principal of Lumding College. The allegati on against him is that he is demanding bribe of ‘ 50,000/- for releasing the ar rear salary of the complainant. Mr. Uddin, learned counsel submitted that the salary has been wi thheld as per the resolution of the Governing Body for long 762 days unauthorize d absence of the complainant. A copy of the resolution has also been annexed wit h the bail application. On the other hand, Mr. Sarma, learned Sr. counsel for the compla inant submitted that despite there being an order from the Government on 11.8.20 09 and subsequent directions, the petitioner is not releasing the arrear salary, although the money is lying in the bank account of the College. In reply to the aforesaid submission, the learned counsel for th e petitioner submitted that the Governing Body has to take decision about the re lease of the salary and the petitioner cannot be held responsible individually f or the said purpose. Besides this, the learned counsel submitted that the order of the Government directing to release the salary is going to be challenged by f iling a writ petition. I have also perused the case diary where from it is gathered th at the complainant had agreed to resolve the dispute amicably. Considering all these aspects of the matter, I am of the view th at it is not a fit case where the custodial interrogation of the petitioner may be required. Accordingly, the prayer for bail is accepted. The interim order granted on 28.9.2011 is hereby made absolute. Bail application stands disposed of.