AB 386/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail fo r the petitioners, namely, 1. Abdul Kalam, 2. Md. Harmus Ali, 3. Md. Useb Ali, 4 . Md. Joripuddin, 5. Md. Abbas Ali, and 6. Anowar Hussain, in connection with Bo ngaigaon Police Station Case No. 588/2010 under Section 498(A)/34 of the IPC. Perused the above application and materials on record. Also perused the relevant case diary including the statement of the alleged victim, recorded under Sectio n 164 CrPC. Heard Mr. M. U. Mahmud, learned counsel for the petitioners, and Mr. B. S. Sinha , learned Addl. Public Prosecutor, Assam, appearing on behalf of the respondents . In view of the nature of incriminating materials available in the case diary aga inst the petitioner No. 1, namely, Abdul Kalam, his prayer for pre-arrest bail i s hereby rejected. The interim directions for pre-arrest bail, passed in this Anticipatory Bail App lication, on 11.02.2011, in favour of the petitioner No. 1, shall accordingly st and vacated. Considering, however, the fact that perusal of the case diary does not r eveal any such incriminating materials against the remaining petitioners, which would warrant their custodial detention, this Court is of the view that in the f acts and circumstances of the present case, the petitioner Nos. 2 to 6 need to b e given the benefit of pre-arrest bail. In view of the above and in the interest of justice, the interim directions for pre-arrest bail, passed in this Anticipatory Bail Application, on 11.02.2011, in favour of the petitioner Nos. 2, 3, 4, 5 and 6, namely, Md. Harmus Ali, Md. Use b Ali, Md. Joripuddin, Md. Abbas Ali, and Anowar Hussain, respectively, are here by made absolute subject to the condition that the petitioner Nos. 2, 3, 4, 5 an d 6 above-named shall, within four days from today, appear before the Officer-in -Charge, Bongaigaon Police Station, and make themselves available for interrogat ion by police at all reasonable time. With the above observations and directions, this Bail Application shall stand disposed of.