AB 355/2011 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 petitioner, namely, Md. Bhaity Ali, in connection with Bihubor Poli ce Station Case No. 50/2010, under Section 366(A) IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. S Borthakur, learned counsel, appearing on behalf of the petitioner, a nd Mr. BS Sinha, learned Additional Public Prosecutor, Assam. Considering the incriminating nature of materials available in the case diary against the petitioner, this Court is of the view that, in the facts and a ttending circumstances of the present case, the petitioner has not been able to make out any case for granting the benefit of pre-arrest bail. Therefore, the prayer for pre-arrest bail is hereby rejected and the int erim direction for pre-arrest bail passed in this case, on 09-02-2011, in favour of the petitioner is hereby vacated, the petitioner is given the liberty to sur render in the Court of the learned Chief Judicial Magistrate, Sivasagar and if, on his appearance in the learned Court below, he applies for bail, the learned C ourt below shall consider and dispose of the same in accordance with law bearing in the mind the fact that the alleged victim has already been recovered, she ha s been medically examined and her statement has already been recorded. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioner, is hereby rejected. With the above observations and directions, this petition shall stand disposed o f.