AB 2082/2011 BEFORE THE HON’BLE MR. JUSTICE U.B.SAHA The instant application is filed under Section 438 Cr. P.C. by the petitioner Ja lal Uddin Noor Md. Laskar, a practicing Advocate of this Court for granting him pre-arrest bail in the event of his arrest in connection with Dispur P.S. Case N o. 1364 of 2011 under Section 498(A) IPC corresponding to G.R. case No. 6141 of 2011, Kamrup, Assam. Heard Mr. S.C. Biswas, learned Counsel for the petitioner who would cont end that even if the contention made in the FIR is considered as a whole, then also no case under Section 498(A) is made out. More so, in the year 2009, there was a divorce case between the present petitioner and the informant. In view of the above, the petitioner is no longer the husband of the informant and thus que stion of committing any offence under Section 498A also does not arise. Mr. B.S. Sinha, learned Addl. P.P though initially raised his voice agai nst the prayer for bail, but subsequently conceded to the submission of Mr. Bisw as and would contend that the Court can grant bail to the petitioner on certain conditions. This Court has gone through the Annexure-1 the Talaknama between the pet itioner and the informant and also gone through the FIR and further the applicat ion filed before the Principal Judge, Family Court, by the informant for mainten ance. From the aforesaid record, it appears that the main grievance of the infor mant is regarding the second marriage of the petitioner, but this Court is not i n a position to decide the quarrel between the informant and the petitioner as t his Court is not exercising its jurisdiction either as a trial Court or as an Ap pellate Court. The Court is to see whether bail should be granted and if bail is grante d, whether investigation will be hampered or not and whether the petitioner will appear before the trial Court for facing trial. As both the learned Counsel appearing for the parties submit that the pe titioner is a practicing Advocate of this Court and there is no possibility of h is absconding and tempering the evidence, it would be proper for this Court to g rant him bail as prayed for. Accordingly, it is directed that in the event of his arrest in connectio n with the aforesaid police case, the petitioner shall be released on bail on hi s furnishing a bond of Rs.25,000/- with one surety of the like amount who should be a prominent lawyer of this Court to the satisfaction of the arresting autho rity on further conditions that he shall appear before the I.O of the case as an d when called for and shall not leave the State of Assam without prior permissi on of the learned CJM, Kamrup, Guwahati. With the aforesaid order, the bail application is disposed of.