AB 3960/2011 BEFORE THE HON’BLE MR. JUSTICE B D AGARWAL By this application under Section 438 of the Code of Criminal Procedure Code, 19 73, the petitioners, namely, Sri Momin Ali and Sri Motaleb Ali @ Motleb Ali, are praying for bail apprehending their arrest in connection with Sorbhog PS Case N o. 234 of 2011, under Sections 436/325/34 of the Indian Penal Code, 1860. Heard Sri G Alam, learned counsel for the petitioners as well as Sri B B Gogoi, learned Additional Public Prosecutor for the State of Assam. Also perused the Case Diary. The allegation against the petitioners is that they had set afir e the dwelling house of the informant and also assaulted him. Having regard to the evidence collected so far by the Investigat ing Officer, I am of the opinion that the petitioner No. 1, Sri Momin Ali, is no t entitled to be released on anticipatory bail. Hence, his bail prayer is reject ed. However, the petitioner No. 2, Sri Motaleb Ali @ Motleb Ali, is a 65-year-old person. Hence, his bail prayer is accepted. Hence, the interim bai l granted to him on 02.12.2011, is hereby made absolute. The petitioner shall appear before the Investigating Officer wit hin a period of one week from today and he shall co-operate in the investigation of the case. With the aforesaid directions, this Anticipatory Bail Applicatio n stands disposed of.