AB 57/2011 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr P. Talukdar, learned counsel appearing for the petitioner. Also heard Ms A. Begum, learned Additional Public Prosecutor, Assam. This is an application under section 438 CrPC filed by the petitioner, namely Sri Labaram Narzari seeking pre-arrest bail in connection with Dhemaji P olice Station case No. 248/2005 under section 468/406 IPC. Learned Additional Public Prosecutor has produced the relevant case dia ry. I have perused the same. Perusal of the case diary would reveal that the petitioner has fraudulen tly drawn an amount of Rs. 18, 91,000/-(Rupees eighteen lakhs ninetyone thousand ) from the Deputy Commissioner’s account without any prior approval/authority of the Deputy Commissioner, Dhemaji. Out of which Rs. 16,43,000/- (Rupees sixteen lakhs forty three thousand) was drawn on State Bank of India, Dhemaji branch and Rs. 2,48,000/- (Rupees two lakhs fortyeight thousand) drawn on Subansiri Gaolia Bank, Dhemaji. Accordingly, two FIRs have been lodged against the petitioner be ing Dhemaji Police Station Case Nos. 247/2005 and 248/2005. The petitioner has a lready been in custody for 58 days in connection with Dhemaji Police Station Ca se No. 247/2005 under section 468/406 IPC and now, in connection with Dhemaji Police Station Case No. 248/2005 the petitioner is seeking the pre-arrest bail. Hence, considering the materials available in the case diary so far coll ected by the Investigating Authority and the fact that for the similar offence, the petitioner was already in custody for 58 days and he was granted bail by the learned court below, I am inclined to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the interim bail granted to the petitioner on 21.0 1.2011 is made absolute subject to the following conditions: (1) That the petitioner shall make himself available before the Inves tigating Officer as and when required. (2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the ca se so as to dissuade him/her from disclosing such facts to the court or to any P olice Officer. The bail application is accordingly disposed of.