AB 1842/2011 BEFORE THE HON’BLE MR. JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the accused-petitioner, namely, Sri Kumud Saikia, in connection with Lanka P.S. Case No. 116/2011 under Sections 379/411 IPC. Heard Mr. S. K. Talukdar, learned counsel appearing for the petitioner, and Mr. K. Munir, learned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the Case Diary has apprised the Court regarding progress of the investigation. On perusal of the case diary it appears that the stolen articles have already be en recovered from one Jarason Hakmausa, who has been arrested in connection with this case. Considering the facts and circumstances leading to filing of the FIR and also th e materials on record, I am of the considered view that there are no sufficient incriminating materials warranting custodial interrogation of the petitioner in connection with this case. Moreover, in the event of release of the accused-peti tioner on bail, further investigation of the case shall not be adversely affecte d. Accordingly, it is provided that in the event of arrest of the petitioner, namel y, Shri Kumud Saikia in connection with the case aforementioned, he shall be rel eased on bail on his furnishing a bond of Rs.5,000/- with one surety of the like amount to the satisfaction of the arresting authority on condition that he shal l cooperate with the investigating agency and shall make himself available to th e I/O of the case as and when required. With the above directions, this bail application stands disposed of.