AB 3645/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. M. Alamgeer, learned counsel appearing for the petitio ner and Mr. B.B. Gogoi, learned Addl. P.P. appearing for the State respondent. This is an application under Section 438 CrPC, seeking pre-arres t bail in favour of the petitioner, namely - Sri Mukul Patar in connection with Kaki P.S. Case No.16/2011 under Sections 457/376/511/34 IPC IPC. FIR lodged by the complainant reveals that on 28.3.2011 at about 7 P.M. while nobody was present at the residence, the accused came to his house and tried to rape his wife. On perusal of the maerials on record and the case diary, it appe ars that the offence under Section 376 IPC is not made out against the accused. At the most, the offence under Section 323 IPC has been made out in terms of the statement made by the victim. Keeping in view the facts and circumstances leading to filing of the FIR and further considering the progress of the investigation and the gravi ty of the offence, I am of the considered view that the petitioner can be extend ed the privilege of pre-arrest bail. Accordingly, it is directed that in the event of arrest of the p etitioner aforesaid, in connection with the above mentioned case, he shall be re leased on bail of Rs.10,000/- with one surety of the like amount to the satisfac tion of the arresting authority on the condition that he shall co-operate with t he Investigating Agency as and when required. The bail application stands disposed of.