AB 1488/2011 BEFORE HON BLE MR. JUSTICE A.C.UPADHYAY Heard Mr S. Rahman, learned counsel for the petitioners and Mr BS Sinha, learned Addl. Public Prosecutor, Assam. This is an application under Section 438 Cr.P.C. seeking pre arrest bail in favour of Md Behed Ali, Md Nuralam Sk, Mosst. Nureza, Md Mainul Hoque, Md Mo zzafar and Md Babu Sk in connection with Sukchar PS Case No.201/2010 registered under sections 143/147/341/325 IPC. The learned Addl. Public Prosecutor by producing the case has apprised t his Court regarding the progress of the investigation of the case. The learned counsel for the petitioners submits that a cross case also p ending in connection with this case. The FIR reveals that on 23.10.2010 when the nephew of the informant cam e to the house of the accused Nos 1 and 2 to collect money due from them, they were not found in their residence and on his return he met them in a field in fr ont of the residence of the accused and some altercation took place between them regarding money. The accused No.4 along with accused Nos 1 and 2 assaulted the nephew of the informant and the informant with lathi, dagger and rod and accordi ngly the FIR was lodged. On perusal of the case diary and the materials on record, it appears tha t the injuries sustained by the injured are almost simple in nature. Further, th ere is also a cross case pending between the parties. Considering the facts and circumstances of the case leading to the filin g of the FIR, I am of the considered view that this is a fit case for extending the privilege of pre arrest bail to the petitioners in connection with this case and their release on pre-arrest bail would not adversely effect further investi gation of the case. Accordingly, it is provided that the petitioners aforenamed in the event of their arrest in connection with the aforesaid case, they shall be released o n bail of Rs 10,000/- each, with one local surety of the like amount to the sati sfaction of the arresting authority with the conditions, that they shall coopera te with the investigating of the case and shall appear before the I.O. as and w hen required to do so. The bail application is disposed of.