AB 770/2011 BEFORE HON’BLE MR JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the accused-petitioner, namely, Sri Kamesh Kuli, in connection with Silapathar P .S. Case No. 314/2009, under Sections 436/34 of IPC(arising out of GR Case No.86 8/2009). Heard Mr. P. Talukdar, learned counsel, appearing for the petitioner, and Mr. BB Gogoi, learned Addl. P.P. for the State of Assam. Perused the case diary and the materials available on record. From the investigation, so far made, it appears that though the name of the accu sed-petitioner has been given in the FIR, he has not found involved in the case, in the investigation by the police. Learned counsel for the petitioner has submitted that the accused-petitioner is a contractor by profession in his local area. Considering the facts and circumstances leading to the filing of the FIR, and al so considering the progress of investigation of the case, I am of the considered view that the accused-petitioner can be extended the privilege of pre-arrest ba il in connection with the case aforementioned. Accordingly, it is provided that in the event of arrest of the petitioner, namel y, Sri Kamesh Kuli, in connection with Silapathar P.S. Case No. 314/2009, under Sections 436/34 of IPC(arising out of GR Case No.868/2009), he shall be released on bail of Rs.10,000/-, with one surety of the like amount to the satisfaction of the arresting authority on condition that the accused-petitioner shall make h imself available before the Investigating Officer as and when required and shall also cooperate the I.O. for investigation of the case. This bail application shall stand disposed of in terms of the above direction.