AB 977/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner namely, Tomser Ali praying for bail, apprehending his arrest, in connection with South Salmara PS Case No. 1/11 under Sections 457/376 IPC. Heard Mr. J. Ahmed, learned counsel for the petitioner and Mr. B S Sinha, learned Addl. PP, Assam. Perused the case diary. The case of the petitioner is that the informant used to purchas e grocery items from the shop of the petitioner and on the relevant day, when he went to collected dues of grocery goods, a false case has been concocted. As per the FIR and the case diary, the incident took place betwe en 9.00 to 10.00 P.M. Besides this, witnesses have also not stated about purcha sing grocery items by the informant on credit or that at the relevant time th e accused had gone to the house of the informant to collect the money. Besides t his, the victim had attempted to catch hold the accused and that process, the a ccused left his sweater and muffler and those were the apparels have been seiz ed by the I.O. As a whole, it is not a fit case for granting anticipatory bail. Accordingly, the prayer for bail stands rejected.