AB 123/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioners, namely, (1) Md. Hossen Ali, (2) Md. Nasir Uddin, (3) Bellai Udd in, (4) Md. Soto Babu, (5) Musst. Fazila Bibi, (6) Beli Bibi, (7) Umed Ali, and (8) Sumed Ali, in connection with Dhubri P.S. Case No. 553/2010 under Sections 1 43/147/148 / 149/341/109/325/326/307/448/354 of IPC(G.R. No.(DBB)553/2010). Heard T.J. Mahanta, learned counsel appearing for the petitioners, and Mr. BS Si nha, learned Addl. P.P. for the State of Assam. Learned Addl. P.P. has produced the case diary and apprised the Court in respect of the progress of the investigation of the case aforementioned. Learned counsel for the petitioners has submitted that the story, mentio ned in the FIR dated 04.10.2010, filed by the complainant, is totally false. Le arned counsel for the petitioners also submitted that there are various civil as well as criminal cases, pending between the parties, and the complainant and th e accused-petitioners, are close relations. I have perused the case diary and the materials on records. On careful perusal of the case diary and materials on record, this Court is of the view that there are sufficient incriminating materials warranting cus todial interrogation of the petitioners, namely, (1) Md. Hossen Ali, (2) Md. Nas ir Uddin, and (3) Bellai Uddin, in connection with the case aforementioned. In view of the above the prayer for pre-arrest bail, filed on behalf of the peti tioners, namely, (1) Md. Hossen Ali, (2) Md. Nasir Uddin, and (3) Bellai Uddin, shall stand rejected, at this stage. However, this Court is also of the view that there is no sufficient incriminatin g materials available against the remaining petitioners, namely, Md. Soto Babu, Musst. Fazila Bibi, Beli Bibi, Umed Ali, and Sumed Ali, warranting custodial int errogation in connection with the aforementioned case. Even if the above named p etitioners, namely, Md. Soto Babu, Musst. Fazila Bibi, Beli Bibi, Umed Ali, and Sumed Ali, are allowed the privilege of pre-arrest bail, further investigation o f the above mentioned case, shall not be adversely effected. Accordingly, considering the aforesaid aspect of the matter, it is provided that in the event of arrest, the petitioners, namely, Md. Soto Babu, Musst. Fazila B ibi, Beli Bibi, Umed Ali, and Sumed Ali, shall be released on bail of Rs.10,000/ - with one local surety of the like amount each to the satisfaction of the arres ting authority on the condition that the petitioners shall make themselves avail able before the Investigating Officer as and when required and shall cooperate w ith the investigation of the case aforementioned. This instant bail application shall stand disposed of in terms of the above dire ctions.