AB 1600/2011 BEFORE THE HON BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ners namely, Shri Ratan Das, Sri Monoj Das and Sri Kuldip Das praying for bail, apprehending their arrest, in connection with Bharalumukh PS Case No. 180/11 und er Sections 341/324/379/34 IPC. Heard Mr. SK Jain, learned counsel for the petitioners and Mr. BS Sinha, learned Addl. PP, Assam. Perused the case diary. The case diary reflects that the injured has implicated the pres ent petitioners in assaulting him with sharp weapon. Besides this, independent w itnesses were also reported about the involvement of the present petitioners in the offence. On the other hand, the petitioners’ case is that when they were ret urning from bihu function they found the injured lying by the side of the road i n an injured condition and when they requested him to take home the injured dec lined and thereafter lodged an FIR suspecting that he was assaulted by the peti tioners. In my considered opinion, without knowing the fact the complaina nt would not have implicated the neighbours. At this stage, the defence case can not be considered in view of the version of the injured. Accordingly, the bail application stands rejected. Interim order passed earlier stands vacated.