AB 9/2011 BEFORE THE HON’BLE MR JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C. seeking pre-arrest bail of t he accused-petitioner, namely, Sri Khokan Dutta, in connection with Sonapur P.S. Case No.213 of 2010 under sections 365/342/325/384/420/34 of IPC. Heard Mr. K Nath, learned counsel, appearing for the petitioner, and Mr. BS Sinha, learned Addl. P.P. for the State of Assam. I have perused the case diary and the materials available on records. On careful perusal of the materials on record, it appears that the accused-petit ioner is named in the FIR. Considering the nature and gravity of the offence alleged and further considerin g the fact that the accused-petitioner is named in the FIR, I am of the consider ed view that the accused does not deserve to be enlarged on pre-arrest bail. Accordingly, the prayer for pre-arrest bail stands rejected. Learned counsel for the petitioner has submitted that the petitioner is suffering from HIV (+ve) and he requires adequate treatment in the hospital. However, learned Addl. P.P. has informed the Court that there are adequa te facilities in the jail to provide such kind of treatment. Accordingly, in view of the above, the prayer for pre-arrest bail filed on behalf of the petitioner, stand rejected at this stage. Interim order passed earlier shall stand vacated.