AB 28/2010 BEFORE THE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail fo r the petitioners, namely, 1. Md. Bahar Ali, 2. Musstt. Safjan Bibi, and 3. Md. Tapser Ali, in connection with Koyan Police Station Case No. 24/2010, under Sect ion 498(A)/34 of the IPC. Perused the above application and materials on record. Also perused the relevan t case diary. Heard Mr. M. K. Sharma, learned counsel for the petitioners, and Mr. B. S. Sinha , learned Addl. Public Prosecutor, Assam, appearing on behalf of the State respo ndents. In view of the fact that the case diary reveals incriminating materials against the petitioner No. 1, namely, Md. Bahar Ali, his prayer for pre-arrest bail is h ereby rejected. However, In view of the fact that perusal of the case diary does not reveal any such incriminating material against the petitioner Nos. 2 and 3, which would war rant their custodial interrogation, this Court is of the view that in the facts and circumstances of the present case, the petitioner Nos. 2 and 3, namely, Muss tt. Safjan Bibi, and Md. Tapser Ali, respectively, need to be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, it is hereby directed that the petitioner Nos. 2 and 3, namely, Musstt. Safjan Bibi, and Md. Tapser Ali, re spectively, shall, in the event of their arrest in connection with the case afor ementioned, be released on bail of Rs. 10,000/- each, with one surety of the lik e amount, subject to the satisfaction of the arresting authority. This directio n for pre-arrest bail is further subject to the condition that the petitioner No . 3, namely, Md. Tapser Ali, shall, within three days from today, appear before the Officer-in-Charge, Koyan Police Station, and that both the petitioner Nos. 2 and 3 above-named shall make themselves available for interrogation by police a t all reasonable time. The above directions for pre-arrest bail shall remain in force for a per iod of two months from today and if, thereafter, required, the petitioner Nos. 2 and 3 above-named may appear in the Court of the learned Chief Judicial Magistr ate, Kamrup, and if, on their appearance in the learned Court below, the petitio ners make regular application for bail, the same shall be considered and dispose d of by the learned Court below in accordance with law. With the above observations and directions, this Bail Application stands disposed of.