AB 3104/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Talukdar, learned counsel for the applicant and Mr. Sinha, learned PP, Assam. The applicant, namely Sri Abdesh Choudhury, is seeking the privilege of pre-arre st bail under Section 438 Cr. PC apprehending arrest in connection with Jorhat P .S. Case No.581/2011 registered under Sections 120-B/406/379/114 IPC. The said police station case has been registered on the basis of the FIR lodged by one S ri Kamalesh Choudhury on 21st August, 2011 with the Officer-in-Charge of Jorhat Police Station alleging commission of the offence punishable under the aforesaid provisions of law. I have perused the case diary, as produced by Mr. Sinha, learned PP, Assam and c onsidered the materials made available in the case diary. It appears that another accused person, who is the owner-cum-driver of the vehic le in which the goods were loaded for transportation from Sonari to Kolkata is y et to be arrested. The majority of the goods are also yet to be recovered. It a lso appears from the case diary that the present applicant did not co-operate wi th the investigation and was absconding till the interim order was passed by thi s Court where after, however, the applicant appeared before the Investigating Of ficer, who recorded his statement. Keeping in view the aforesaid position, I do not consider it to be a fit case to grant the privilege of pre-arrest bail to the applicant and hence the prayer fo r pre-arrest bail stands rejected. Bail application stands dismissed.