AB 3294/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. K. Agarwal, learned counsel for the petitioner as well as Mr. BB Gogoi , learned Addl. Public Prosecutor, Assam and Mr. AK Gupta, learned counsel repre senting the Government. By this application u/s 438 CrPC, the petitioner has prayed for releasing him on pre-arrest bail in connection with Doomdooma PS Case No.315/11 (GR Case No.1287 /11) u/s 406/420 IPC. Case diary was called for. Mr. Gogoi, learned Addl. PP by producing the case di ary, has apprised the Court regarding the progress of investigation of the case. On the basis of an FIR alleging misappropriation and cheating by the accused, a case was registered and investigation ensued. The FIR reveals that the accused p erson used to sell green tea leaves and out of previous transaction a sum of Rs. 37,00,000/- stood lying with the accused for payment to the complainant, on sett lement of account. Subsequently, another Deed of Agreement was signed between th e parties on 7.4.2011. Learned counsel for the petitioner referring to the agreement arrived at by the parties, submits that the matter is a civil dispute between the parties and ther e is no element of cheating or dishonest misappropriation of property. In any view of the matter, considering the facts and circumstances of the case, the nature and gravity of the offence and allegations levelled, I am of the cons idered opinion that the accused petitioner may be extended the privilege of pre- arrest bail. Accordingly, the interim protection extended to the petitioner on 14.10.2011, is hereby made absolute. Bail application stands disposed of.