AB 362/2011 BEFORE THE HON’BLE MR JUSTICE IA ANSARI This is an application, made under Section 438 Cr.P.C., seeking pre-arrest bail for the accused-petitioners, namely, Md. Sajjyad Ahamed Barbhuiya, Md. Nur Ahame d Barbhuiya and Musstt. Kutubjan Bibi, in connection with Borkhola Police Statio n Case No.13/2011 under Sections 498(A)/34 IPC. Perused the above application and materials on record. Also perused the relevant case diary. Heard Mr. SC Biswas, learned counsel for the petitioners, and Mr. VS Sin gh, learned Addl. Public Prosecutor, Assam. On considering the nature of incriminating materials available in the ca se diary against the petitioner No.1, namely, Md. Sajjyad Ahamed Barbhuiya, this Court is of the view that in the facts and attending circumstances of the prese nt case, the petitioner No.1, namely, Md. Sajjyad Ahamed Barbhuiya, cannot be gi ven the benefit of pre-arrest bail. In view of the above, the prayer for pre-arrest bail, made by the petitioner No. 1, namely, Md. Sajjyad Ahamed Barbhuiya, is hereby rejected. The interim directi ons for pre-arrest bail, passed in this Bail Application, in favour of the petit ioner No.1, on 09.02.2011, shall accordingly stand vacated. In view of the fact that perusal of the case diary does not reveal cogent incrim inating materials against the petitioner Nos.2 and 3, namely, Md. Nur Ahamed Ba rbhuiya and Musstt. Kutubjan Bibi, respectively, warranting their custodial inte rrogation, the interim directions for pre-arrest bail, passed, on 09.02.2011, in favour of the petitioner Nos.2 and 3, namely, Md. Nur Ahamed Barbhuiya and Mus stt. Kutubjan Bibi, respectively,are hereby made absolute subject to the conditi on that they shall make themselves available for interrogation by police at all reasonable time. The Bail Application shall accordingly stand disposed of.