AB 1669/2011 BEFORE HON’BLE MR. JUSTICE A.C.UPADHYAY Heard learned counsel appearing for the petitioners and Mr. BS S inha, learned PP, Assam. This is an application u/s 438 CrPC seeking pre-arrest bail by t he petitioner in the event of arrest in connection with Barpeta PS Case No. 114/ 11 u/s 365/387 IPC. Learned PP by producing the case diary apprised the Court about the progress of investigation of the case. The FIR filed by one D.C. Das, Head Cashier of Central Bank of I ndia, Barpeta Town disclose that Mr. Bali Ram Das, the Branch Manager of the Ban k was allegedly kidnapped from the rented house of HN Das, Ward No.5 , Ambariha ti at Barpeta Town on 3.2.11 at about 8-00 PM. As reported by the tenant, a tel ephonic call was received by the police on 3.2.11 at 10-30 PM that Mr. Bali Ram Das was kidnapped and a sum of Rs.50 Lakhs was demanded over mobile for release of Mr. Das. Subsequently, Mr. Bali Ram Das was recoverd and his statement wa s also recorded. The learned counsel for the petitioner submits that the petiti oner is not named in the FIR and he has been merely suspected for the commission of offence since he happened to be family friend of the victim. On careful perusal of the case diary and the materials on record , it appears that there are no incriminating materials against the petitioner wa rranting his custodial interrogation. Accordingly, it is provided that in the event of arrest of the p etitioner, Pankaj Nath in connection with the above case, he shall be released o n bail of Rs.10,000/- with one local surety of the like amount to the satisfacti on of the arresting authority on condition that he shall appear before the I/O a s and when required and shall cooperate with the investigation. Bail application stands disposed of.