AB 1813/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Sri T J Mahanta, learned counsel for the petitioners. Also heard Sri B S S inha, learned Additional Public Prosecutor for the State of Assam. Also perused the Case Diary. This application U/S 438 CrPC has been filed by the petitioner N os. 1, 2, 3, 4 and 5, namely, Sri Pradip Saikia, Sri Ghana Saikia, Sri Palash Go goi, Sri Nomal Gogoi and Sri Bodheswar Gogoi, respectively, praying for anticipa tory bail apprehending their arrest in connection with Golaghat PS Case No. 291o f 2011 under Sections 302/ 34 of the Indian Penal Code. The pros ecution case is that the accused persons took away the deceased Md Habura Ali @ Marwa Ali @ Saruba Ali, from his house in the afternoon of 24.05.2011 and after assaulting the deceased, he was handed over to the Police Station with an allega tion that the deceased was caught while he was attempting to commit theft in the village along with 3 (three) other persons. The statements so far recorded by the Investigating Officer indi cate that the deceased was forcibly taken away from his house by the petitioners , Sri Pradip Saikia, Sri Ghana Saikia and Sri Bodheswar Gogoi, and that he was n ot caught in the night by the public. However, the witnesses, so far, have not implicated the petition ers, Sri Palash Gogoi and Sri Nomal Gogoi in the alleged offence. The submission of Sri Mahanta, learned counsel that when the dec eased was handed over to the Police Station, he was hale and hearty, cannot be a ccepted at this stage, since in the FIR lodged by the public itself, it has been admitted that the deceased was beaten. Besides this, the defence theory is also difficult to be believed keeping in mind the nature of injuries, found during P ost Mortem Examination. In the result, the bail prayer made on behalf of the petitioners , Sri Pradip Saikia, Sri Ghana Saikia and Sri Bodheswar Gogoi, is hereby rejecte d. However, the bail prayer of the petitioners, Sri Palash Gogoi an d Sri Nomal Gogoi, is accepted. These two petitioners shall be released on bail, on their furnishing bail bonds of Rs. 15, 000/- each, with one surety of the li ke amount, by the arresting authority, in the event of their arrest in connectio n with the aforesaid PS Case. The petitioners shall appear before the Investigating Officer wi thin a period 1 (one) week from today for interrogation and they shall co-operat e with the Investigating Officer in the investigation of the case. With the aforesaid directions, this Anticipatory Bail Applicatio n stands disposed of.