AB 4163/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY This is a third application under section 438 of the CrPC in Chhaygaon P S Case No.116/2011 registered under sections 498(A)/354/506/511/34 of the IPC, after AB No.2336/2011 and AB No.3028/2011 were dismissed on 19.08.2011 and 23.09.2011 re spectively. The petitioner has again come to the Court by contending that he is scheduled to appear in the B.A. Examination in February, 2012 and accordingly he should be g ranted the benefit of pre-arrest bail. However Ms. A Begum, the learned Addl. P.P. submits that fresh ground pleaded by the accused can’t be a justification for granting him the benefit of pre-arrest bail, particularly when the accused was refused bail, because of the incriminat ory materials in the case diary. Considering the rival submission, I see no ground to allow this bail application and accordingly the case is rejected.