AB 3878/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. H. Das, learned counsel for the petitioner and Mr. BB Gogoi, learned A ddl. P.P.. This is an application u/s 438 CrPC, seeking pre-arrest bail on behalf of the pe titioner, Fozlur Rohman @ Fazlur Rahman, in connection with Lakhipur PS Case No. 395/2011 u/s 417/493/376 IPC. Perused the case diary and materials on record. On the basis of the FIR lodged against the petitioner, the aforesaid case was lo dged alleging commission of rape by the accused/petitioner. Learned counsel for the petitioner submits that for the last 7 years both the pe titioner and the informant are maintaining sexual relationship with consent and there is no allegation regarding offence of rape against the petitioner. Considering the above submission and the matter in its entirety and further cons idering the gravity of allegation, I am of the considered view that the accused/ petitioner can very well be extended the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the Petitioner, Fozlu r Rohman @ Fazlur Rahman, in connection with the aforesaid case, he shall be rel eased on bail of Rs.10,000/- with 1 surety of the like amount to the satisfactio n of the arresting authority on condition that he shall appear before the I.O. w ithin a period of 7 days from today and he shall cooperate with the investigatio n of the case. The bail application stands disposed of.