AB 1046/2011 BEFORE HON’BLE MR JUSTICE A C UPADHYAY This is an application made under Section 438 CrPC seeking pre-arrest bail on be half of the petitioners, namely, 1. Sri Surendra Nath Sarma, 2. Sri Tapan Sarma, and 3. Sri Dimbeswar Sarma, in connection with Nalbari Police Station Case No. 95/2011, registered under Section 341/326/379/34 IPC. Heard Mr. R. Sarma, learned counsel for the petitioners, and Mr. B. S. S inha, learned Additional Public Prosecutor, Assam. Perused the above application and the materials on record. By producing the case diary, Mr. B. S. Sinha, learned Additional Public Prosecutor, has appr ised the Court regarding the progress of the investigation into the case. On careful perusal of the case diary and the materials on record, it app ears that there are sufficient incriminating materials against the petitioner No s. 2 and 3, namely, Sri Tapan Sarma and Sri Dimbeswar Sarma, respectively, warra nting their custodial interrogation in connection with this case. Accordingly, the prayer for pre-arrest bail, made on behalf of the petitioner Nos. 2 and 3 is hereby rejected. However, on perusal of the case diary and the materials on record, it ap pears that that the implications made against the petitioner No. 1, namely, Sri Surendra Nath Sarma, in connection with this case are not sufficient to warrant his custodial interrogation and that further investigation into the case would n ot be adversely affected if the petitioner No. 1 herein is allowed to go on pre- arrest bail. Therefore, I am of the view that the petitioner No. 1 herein deser ves to be extended the privilege of pre-arrest bail. In view of the above, it is hereby directed that in the event of arrest of the petitioner No. 1, namely, Sri Surendra Nath Sarma, he shall be released o n bail of Rs. 10,000/-, with one surety of the like amount, subject to the satis faction of the arresting authority. This privilege of pre-arrest bail, extended to the petitioner No. 1 herein is further subject to the condition that the pet itioner No. 1 shall co-operate with the investigation and shall appear before th e Investigating Officer in connection with the case aforementioned as and when r equired. This Anticipatory Bail Application stands disposed of in terms of the ab ove observations and directions.