AB 266/2011 BEFORE THE HON’BLE MR JUSTICE B.D. AGARWAL This application has been filed by the accused Ayub Khan under section 438 of th e Cr. P.C seeking pre- arrest bail in connection with Barpeta P.S. Case No. 1081 /2010 registered under Sections 448/376 of the IPC. Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. B.S. Sinh a, learned Addl. Public Prosecutor, Assam, appearing on behalf of the State oppo site party. Perused the case diary and the materials available on records. This is the second bail application and the earlier bail application was rejected by this court on 05.01.2011 on the ground that the petitioner is avoid ing to appear before the I.O. According to the learned counsel for the petitioner that on earlier occa sion the certificate of the Goanburah and its statement were not considered. The Gaonburah certificate shows that the victim girl never related to the alleged m olestation and at the same time, there was delay in lodging the FIR. The content s of the FIR are not supporting the theory of rape. In view of the above, bail application is accepted. Accordingly, in the event of arrest of the petitioner, in connection with the case aforementioned, t he I. O. is directed to release the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with one surety of the like amount. The petitioner is directed t o appear before the I.O. within a week from today. With the above directions, this bail application is disposed of.