AB 1683/2011 BEFORE THE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C. seeking pre-arrest bail of t he petitioner, namely, Sahabuddin Ahmed, in connection with Baguaon P.S. Case No . 69/2011, under Sections 147/148/149/448/ 427/387/ 435/506 IPC read with Sectio n 3/4 of the Prevention of Damage of Public Property Act, 1984. Heard Mr. H. Rahman, learned counsel for the petitioner, and Ms. B. Saikia, lear ned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the case diary has apprised the Court regarding the progress of investigation. The FIR lodged in connection with this case reveals that there was a constructio n work of a model hospital which was going on since seven months and suddenly on 03.06.2011 in the morning at about 07.00 am, the accused persons noted in the F IR came to the cite of the construction and damaged and demolished the brick wal l and also damaged the other valuable properties and forcibly took away the cons tructions materials such as rod, etc. It was further informed in the FIR that th e accused-persons also damaged the doors frames by pouring petrol and thereafter ignited it and as a result of which all those materials got burnt down and turn ed into ashes. The petitioner is one of the accused named in the FIR. On careful perusal of the materials on record and the facts and circumst ances, leading to filing of FIR discloses that this is not a fit case to extend the privilege of pre-arrest bail to the accused-petitioner. Accordingly, the prayer for pre-arrest bail submitted on behalf of the petitione r, stands rejected.