AB 3446/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant pre-arrest bail application is filed by the petitioner, namely, 1. M d. Abu Bakkar, 2. Harun Rashid, 3. Abdul Jabbar, 4. Abdul Rashid and 5. Abdullah under Section 438 CrPC for granting them bail in connection with Chapor PS case No.319 of 2011 under Section 147/341/342/325/307/384 IPC. Heard Mr. R Ali, learned counsel for the petitioners who submits that there is c ase and counter case between the accused petitioners and the information party w hich would be evident from the Annexure-A as well as Annexure-B to the instant a pplication. He also submits that the petitioners are the permanent residents of village-Ulumapara under Chapor police station and there is no possibility of the ir absconsion and evading the trial. Heard also Mr. M Hussain, learned counsel for the informant as well as Mr. BS Si nha, learned Addl. PP for the State. Though Mr. Hussain seriously objected the p rayer for bail on the ground that the informant was hospitalized for almost 10 d ays and thereafter he was released but Mr. Sinha while producing the CD would co ntend that the materials available in the CD do not suggest the ingredients of S ection 307 and Section 384 and when there is a case and counter case between the parties, it would be proper for this Court to grant bail to the petitioners. It also appears that this Court on 04.11.2011 granted interim bail in favour of the petitioners. In view of the above, it would be proper to grant bail to the p etitioners. Accordingly, it is directed that the petitioners shall be enlarged on bail in th e event of their arrest in connection with the aforesaid PS case on furnishing a bond of Rs.20,000/- (Rupees twenty thousand) only with one surety each of the l ike amount to the satisfaction of the arresting authority on further condition t hat they shall appear before the IO of the case twice in a month till the invest igation is completed and they shall not, directly or indirectly, make any induce ment, threat or promise to any person acquainted with the facts of the accusatio n against him so as to dissuade him from disclosing such facts to the Court or t o any police officer and they shall not leave the State of Assam without prior p ermission of the learned CJM, Dhubri. With the above, the instant application is allowed.