AB 883/2011 BEFORE THE 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-petitioners, namely, (1) Saiful Islam, (2) Shoriful Islam, (3) Billa l Hussain, (4) Shohidul Islam, and (5) Nasir Uddin, in connection with Barpeta P .S. Case No. 38/2011(G.R. No.71/2011) under Sections 120(B)/342/326/34 IPC. Heard Mr. A.R. Sikdar, learned counsel for the petitioners, and Mr. BB Gogoi, le arned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the Case Diary has apprised the Court regarding the progress of investigation. Learned counsel for the petitioners by drawing attention of this Court to the FI R dated 13.01.2011 has submitted that the aforesaid FIR was lodged by Osman Gani against the husband of first informant of the FIR lodged against the petitioner s. Osman Gani filed the FIR alleging therein that Jiyaur Rahaman Talukdar & Mos tak and two unknown persons attempted to kidnapped his daughter by entering to h is dwelling house. It has been submitted on behalf of the petitioners that the p resent FIR filed against the accused-petitioners is a counterblast to the FIR fi led against Jiyaur Rahman Talukdar by Osman Gani. On perusal of the case diary, it appears that investigation of the case relates to dispute arising out of the rivalry between the parties and the investigation is almost over. Considering the facts and circumstances leading to the filing of the FIR and the gravity of the offence alleged, it appears that in the event of releasing the p etitioners on pre-arrest bail, the further investigation of the case shall not b e adversely effected. Accordingly, I am of the considered view that this is a fit case to extend the p rivilege of pre-arrest bail to the accused-petitioners in connection with the ca se aforementioned. Consequently, it is provided that in the event of arrest of the petitioners, nam ely, (1) Saiful Islam, (2) Shoriful Islam, (3) Billal Hussain, (4) Shohidul Isla m, and (5) Nasir Uddin, in connection with Barpeta P.S. Case No. 38/2011(G.R. No .71/2011) under Sections 120(B)/342/326/34 IPC, they shall be released on bail o f Rs.10,000/-, with one surety of the like amount each to the satisfaction of th e arresting authority on condition that the accused-petitioners shall make thems elves 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 directions.