AB 287/2011 BEFORE HON’BLE MR JUSTICE A.C.UPADHYAY This is an application under section 438 Cr.P.C. seeking pre-arrest bail on beha lf of the petitioner, Shri Mukunda Bordoloi in connection with Jorhat PS Case No .34/2011 under sections 498(A)/34 IPC. Heard Mr BD Das, learned senior counsel for the petitioner and Mr K.Muni r, learned Addl. Public Prosecutor for the State of Assam. Perused the case diar y and the materials on record. Learned senior counsel for the petitioner has submitted that the FIR in connection with the aforenoted case was lodged by the wife of the petitioner af ter the divorce suit was filed by the petitioner before the learned District J udge, Jorhat against her. Considering the facts and circumstances leading to the filing of the F.I .R. and also on careful perusal of the materials in the case diary, I am of th e considered view that there is no sufficient incriminating materials warranting custodial interrogation of the petitioner. Further, investigation of the case w ould not be adversely effected even if the petitioner is allowed to go on pre- arrest bail. Accordingly, it is provided that the petitioner aboveamed in the event o f his arrest in connection with this case, shall be released on bail of Rs.10,00 0/- with one local surety of the like amount to the satisfaction of the arrestin g authority on condition, that he shall appear before the I.O. as and when direc ted to do so and shall co-operate with the investigation of the case. The application stands disposed of.