AB 3239/2011 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. B Banerjee, learned counsel appearing for the petitioner. Also heard Ms. B Saikia, learned Additional Public Prosecutor, Assam. This is an application under Section 438 Cr.P.C., praying for pre-arrest bail filed by the petitioner, namely, Md. Kamal Mustafa @ Mantu Ali, in connect ion with Barpeta P.S. Case No.1270/2010 under Sections 448/326/427/302/34 IPC. The learned Additional Public Prosecutor, Assam submits that she has rec eived the updated case diary and on perusal of the same found incriminating mate rials available against the petitioner. Earlier also petitioner’s prayer for pre -arrest bail was rejected on 27.07.2011 after perusal of the case diary. I have also perused the relevant case diary. In view of the incrimi nating materials available in the case diary, I am not inclined to grant the pri vilege of pre-arrest bail to the petitioner. Accordingly, this bail application stands rejected.