AB 2074/2011 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. BN Sarma, learned counsel appearing for the petitioners. Also heard Ms. B Saikia, learned Additional Public Prosecutor, Assam. This is an application under Section 438 Cr.P.C., filed by the petitione rs, namely, 1. Md. Ali Newas 2. Mustt. Karful Nessa and 3. Md. Baharul Islam, fo r granting privilege of pre-arrest bail in connection with Lumding P.S. Case No. 143/2011 under Sections 114/376 IPC. Ms. Saikia, submits that she has received the case diary and on perusal of the same found no such incriminating materials available against the petition ers so far collected by the Investigating Officer. I have also perused the case diary. In view of the above and also considering the materials available in the case diary so far collected by the Investigating Officer, the interim bail gran ted to petitioner No. 2 i.e., Musstt. Karful Nessa on 12.07.2011 is hereby made absolute and consequently I am inclined to grant the privilege of pre-arrest bai l to the petitioner Nos. 1 and 3. Accordingly in the event of arrest of the petitioner Nos. 1 and 3 aboven amed, in connection with the abovementioned P.S. Case, they shall be released on bail of Rs.10,000/- (Rupees Ten Thousand) only each with two sureties each of t he like amount to the satisfaction of the arresting authority on condition that the petitioners shall co-operate with the investigation of the case and shall ma ke themselves available for interrogation as and when required. This bail application, accordingly, stands disposed of.