AB 1412/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioners, namely, 1. Azad Md. Saifullah Azom, 2. Kamal Sanaullah @ Sanaullah Azom and 3. Jafar Ali Ahmed, in connection with Krishnai Police Sta tion Case No. 44/2011, under Sections 498(A)/307/506/34 IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. A Sharif, learned counsel, appearing on behalf of the petitioners, and Mr. BS Sinha, learned Additional Public Prosecutor, Assam. In view of the fact that perusal of the case diary does not, at this sta ge, reveal cogent incriminating materials against the petitioner Nos. 2 and 3, n amely, Kamal Sanaullah @ Sanaullah Azom and Jafar Ali Ahmed respectively, warran ting their custodial interrogation, the interim directions for pre-arrest bail p assed in this case in favour of petitioner Nos. 2 and 3, namely, Kamal Sanaullah @ Sanaullah Azom and Jafar Ali Ahmed respectively, on 25-05-2011, are hereby ma de absolute subject to the condition that the petitioner Nos. 2 and 3 shall make themselves available for interrogation by police at all reasonable time. So far as petitioner No. 1, namely, Azad Md. Saifullah Azom is concerned, consid ering the nature of incriminating materials available in the case diary against the petitioner No.1, this Court is of the view that, in the facts and attending circumstances of the present case, the petitioner No. 1, namely, Azad Md. Saiful lah Azom, cannot be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioner No. 1, namely, Azad Md. Saifullah Azom, is hereby re jected. The interim direction passed in this case, in favour of the petitioner No. 1, na mely, Azad Md. Saifullah Azom, on 25-05-2011, shall accordingly stand vacated. With the above observations and directions, this petition shall stand disposed o f.