AB 1889/2011 BEFORE THE HON’BLE MR. JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioners, namely, (1) Md. Mogal Ali, (2) Md. Idris Ali, (3) Md. Jalil She ikh (4) Jamila Bibi (5) Abiran Bewa and (6) Md. Akbar Ali in connection with Bij ni P.S. Case No. 133/2011 under Sections 498(A)/34 IPC. Heard Ms. B. Das, learned counsel appearing for the petitioners, and Mr. B.B.Gog oi, learned Addl. P.P. for the State of Assam. Case diary was called for in the instant case for consideration of the bail pray er. Learned Addl. P.P. by producing the Case Diary has apprised the Court regard ing progress of the investigation. FIR reveals that all the petitioners tortured the victim both mentally and physi cally demanding dowry and asked the victim to bring Rs.25,000/- from her father’ s house. Learned counsel for the petitioner submits that there is an element of compromise between the parties. Considering the facts and circumstances, leading to the filing of the FIR and fu rther considering the materials on record, I do not find sufficient incriminatin g materials against the petitioners warranting their custodial interrogation in connection with this case and also release of the petitioners on pre-arrest bail , further investigation of the case shall not be adversely affected. In view of the above, it is provided that in the event of arrest of the petition ers, (1) Md. Mogal Ali, (2) Md. Idris Ali, (3) Md. Jalil Sheikh (4) Jamila Bibi (5) Abiran Bewa and (6) Md. Akbar Ali, in connection with the case aforementione d, they shall be released on bail on their furnishing a bond of Rs.10,000/- with one local surety each of the like amount to the satisfaction of the arresting a uthority on condition that they shall cooperate with the investigating agency an d shall make themselves available to the I/O of the case as and when required. With the above direction, this bail application stands disposed of.