AB 1861/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. A. Paramanik, learned counsel for the petitioner and Mr. K. Munir, lea rned Addl. P. P, who accepts notice on behalf of the State of Assam. This is an application under Section 438 Cr. P.C filed by Md. Lalchan Ali @ Nalc han Ali, S/o. Late Abu Bakkar Siddique praying grant of pre arrest bail to him i n connection with Boko P.S Case No. 293 of 2010 registered under Section 420/403 IPC. The aforesaid case was registered on the basis of the information in writing lod ged by one Musstt. Rupbhanu, wife of Taizuddin, Village - Selosuti, P.S-Boko, Di strict- Kamrup, Assam. It is alleged in the First Information Report that the pe titioner is an agent of Monsoon Marketing Pvt. Ltd.,(for short MM Pvt. Ltd.) whe re the informant deposited Rs. 1,10,000/- at the instance of the petitioner but till date on demand the accused-petitioner neither refunded the money nor paid t he instalments as agreed to. It is alleged that the amount so deposited by her h as been misappropriated by the petitioner herein. In support of the application, it is submitted by Mr. Paramanik, learned counsel for the petitioner that he being agent of the aforesaid Pvt. Ltd. collected mon ey from the petitioner issuing a receipt therefor and deposited the same in the MM Pvt. Ltd. He at not point of time had the ill motive to misappropriate the sa me. The learned counsel for the petitioner, is however, unable to place any docu mentary evidence to establish that the money had been received after issue of re ceipt from the first informant. It is also submitted by him that he would not be able to produce the counter foil of the receipt. On the facts and circumstances , this court is not inclined to provide privilege of pre arrest bail to the peti tioner. It is accordingly rejected. Application stands disposed of.