AB 1610/2011 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI This is an application, made under Section 438 Cr.P.C., seeking pre-arrest bail by the accused-petitioners, namely, 1. Md. Joinuddin and 2. Samsul Hoque, in con nection with Bijni Police Station Case No.135/2011 under Section 498(A) IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. A. K. Hussain, learned counsel for the petitioners, and Mr. B. S. Sinha, learned Addl. Public Prosecutor, Assam. In view of nature of incriminating materials available in the case diary against the petitioner No.1, namely, Md. Joinuddin, the prayer for pre-arrest b ail, made by the petitioner No.1 is hereby rejected. Considering the fact that perusal of the case diary does not reveal such incrimi nating materials against the petitioner No.2, namely, Samsul Hoque, as would war rant his custodial detention, this Court is of the view that in the facts and at tending circumstances of the present case, the petitioner No.2 needs to be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, it is hereby directed that the petitioner No.2, namely, Samsul Hoque, shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 5,000/-, wit h one surety of the like amount, subject to the satisfaction of the arresting au thority. The above directions for pre-arrest bail are subject to the condition that the p etitioner No.2, namely, Samsul Hoque, shall, within five days from today, appear before the Officer-in-Charge, Bijni Police Station, and make himself available for interrogation by police at all reasonable time. The Bail Application shall accordingly stand disposed of.