AB 556/2011 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 Ratul Kalita, in connection with Basistha P. S. Case No. 96/2011, under Section 408 of IPC. Heard Mr. K. Nayak, learned counsel, appearing for the accused-petitioner, and M r. BB Gogoi, learned 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 the investigation. On perusal of the Case Diary and the materials on record, it appears that the pe titioner is being suspected of the crime for not giving suitable reply in respec t of incurring expenditure for an amount of Rs.11,00,000/-(rupees eleven lakhs) as In-charge of Dudhnoi office. The matter is under investigation. Considering the facts and circumstances leading to the filing of the FIR, and fu rther considering the progress of investigation of the case, I am of the conside red view that the accused-petitioner can be extended the privilege of pre-arrest bail in connection with the case aforementioned. Accordingly, it is provided that in the event of arrest of the petitioner, namel y, Sri Ratul Kalita, in connection with Basistha P.S. Case No. 96/2011, under Se ction 408 of IPC, he shall be released on bail of Rs.10,000/-, with one surety o f the like amount to the satisfaction of the arresting authority on condition th at the accused-petitioner shall make himself 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.