AB 686/2011 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioners, namely, 1) Md. Ibrahim Ali, 2) Chakman Ali, 3) Goni Ali, 4) Ru stam Ali, 5) Lokman Ali and 6) Fakar Ali, in connection with Hajo Police Station Case No.28 of 2011, under Sections 147/ 148/ 149/448/427/379/325 IPC. Perused the above application and materials on record. Heard Mr. W. Rahman, learned counsel for the petitioners, and Mrs. A. Be gum, learned Additional Public Prosecutor, Assam. The petitioners’ earlier application for pre-arrest bail , which had giv en rise to AB No.486 of 2011, was rejected on perusal of the case diary inasmuch as the case diary revealed, according to the order, dated 03.03.2011, passed in A.B. No.486 of 2011, sufficient incriminating materials against the accused-pet itioners implicating them in the offences alleged. By making this application seeking pre-arrest bail, the petitioners subm it that they have been informed that investigation by police has disclosed innoc ence of the petitioners. If investigation carried out subsequent to the order, d ated 03.03.2011, passed by this Court, in A.B. No.486 of 2011, reveals what the petitioners contend, the remedy of the petitioners lies in making regular applic ation for bail in the Court of the Magistrate of competent jurisdiction. In the circumstances indicated above, it is, now, submitted, on behalf o f the petitioners, that the petitioners would appear in the Court of the learned Chief Judicial Magistrate, Kamrup, and would apply for regular bail. Considering the matter in its entirety and in the interest of justice, t his bail application is disposed of with liberty granted to the petitioners to a ppear in the Court of the learned Chief Judicial Magistrate, Kamrup, and if, on their appearance in the learned Court below, the petitioners apply for regular b ail, the learned Court below shall consider and dispose of the same in accordanc e with law. While considering the application for regular bail, if applied for, the learned Court below shall take into account any such fact or material, which may have surfaced, because of the investigation conducted by police after the o rder, dated 03.03.2011, was passed by this Court in A.B. No.486 of 2011. This bail application stands disposed of in terms of the above observations and directions.