AB 2917/2011 BEFORE THE HON’BLE MR JUSTICE A.C. UPADHYAY. By this application under Section 438 of the Code of Criminal Procedure, the petitioners namely, Sri Umesh Ch. Roy @ Upen Roy and Sri Tapan Ch. Roy @ Ta pan Roy have submitted this second application for granting pre-arrest bail to t hem in connection with Golokganj P.S. Case No.136/2011 registered under Section 341/326/506/34 I.P.C. It may be pointed out that on earlier occasion, similar ap plication was filed on behalf of the petitioners, which was rejected after due c onsideration of the facts and circumstances, since the victim was hospitalized f or treatment. The learned counsel for the petitioners submitted that the injury that w as sustained by the victim was a simple injury on his person. Therefore, the pet itioners may be extended the privileges of pre-arrest bail in connection with th is case. The injury report, which has been submitted by the doctor, reflects the injury sustained by the victim Madhusudan Sarkar as follows :- Injury : (1) Cut injury in the scalp left front parietal region 5 x ‰ x Bone d eep. (2) Cut injury in the left pima 1 x ‰ x full tricumus. Simple in nature, caused by sharp weapon. Since the injuries are found to be simple in nature, after treatment of the vict im in the hospital, the penal provisions under Section 326 I.P.C. would not be a ttracted. Therefore, the offence alleged would be bailable in nature, in which case, the petitioners would surrender before the learned trial Court and pray fo r regular bail. In the event of filing such application on behalf of the petitioners, the learne d Chief Judicial Magistrate, Dhubri shall consider such application in accordanc e with law. This disposes of the anticipatory bail application.