AB 3615/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant pre-arrest bail application is filed by the petitioner, namely, Sri Binod Khanikar, under Section 438 CrPC for granting him bail in connection with Tingkhong PS case No.127 of 2011 under Section 302 IPC. Ms. T. Som, learned counsel appearing for the petitioner submits that the petiti oner is a respected person in the locality and he is a member of one NGO namely Alok of Baghmora and he is in no way connected with the alleged offence. She fur ther submits that this Court has already granted regular bail to the accused nam ely (1) Sri Biju Ojha and (2) Sri Mukunda Ojha. Therefore,l it would be proper f or this Court to grant the present petitioner also on bail on the same terms and conditions. Mr. B. S. Sinha, learned Addl. PP for the State-respondent while producing the c ase diary in terms of the order of this Court would contend that there is no mat erial available in the case diary against the present two petitioners and in vie w of the above he is not in a position to oppose the prayer for bail. When there is no material available in the case diary against the present two petitioners, it would not be proper for this Court to reject the prayer for bail. Accordingl y, the petitioners namely (1) Sri Biju Ojha and (2) Sri Mukunda Ojha are allowed to go on bail in connection with the aforesaid PS case on furnishing a bond of Rs.20,000/-(Rupees twenty thousand) only each with two local sureties of the lik e amount to the satisfaction of the learned CJM, Dibrugarh on further condition that they shall appear before the learned CJM, Dibrugarh as and when the date of the case is fixed and they shall not leave the State of Assam without prior per mission of the learned CJM, Dibrugarh. In view of the above, it is directed that the petitioner, namely, Sri Binod Khan ikar, shall be released on bail in the event of his arrest in connection with th e aforesaid PS case on furnishing a bond of Rs.20,000/-(Rupees twenty thousand) only with one local surety of the like amount to the satisfaction of the arresti ng authority on further condition that he shall appear before the I.O. of the ca se as and when called for and he shall not, directly or indirectly, make any ind ucement, threat or promise to any person acquainted with the facts of the accusa tion against him so as to dissuade them from disclosing such facts to the Court or to any police officer and he shall not leave the State of Assam without prior permission of the IO of the case. With the above, the instant pre-arrest bail application is allowed