AB 2489/2011 BEFORE HON’BLE MR JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C. seeking pre-arrest bail of t he petitioner, namely, Md. Rafiqul Ali, in connection with Jalukbari P.S. Case N o. 530/2011, under Section 420 IPC. Heard Mr. SU Majumdar, learned counsel for the petitioner, and Ms. F. Begum, lea rned Addl. P.P. for the State of Assam. The FIR reveals that the complainant, namely Atifur Rahman, lodged an FIR allegi ng therein that the petitioner has borrowed a sum of Rs.3,45,000/-(rupees three lakhs forty five thousand) in two instalments with an agreement to repay the sam e amount within a month. However, since the petitioner did not repay the amount aforesaid, the complainant lodged the FIR against the petitioner. Considering the facts and circumstances leading to the filing of t he FIR and further considering that there is no sufficient incriminating materia l, warranting custodial interrogation of the petitioner, I am of the considered view that this is a fit case where the petitioner can be extended the privilege of pre-arrest bail in connection with the aforementioned case. Accordingly, it is provided that in the event of arrest of the pet itioner, namely, Md. Rafiqul Ali, in connection with the case aforementioned, he shall be released on bail on his furnishing a bond of Rs.10,000/- with one sure ty of the like amount to the satisfaction of the arresting authority on conditio n that he shall cooperate with the Investigating Officer and shall make himself available before the Investigating Officer of the case as and when required. This bail application is disposed of in terms of above directions.