AB 451/2011 BEFORE HON’BLE MR.JUSTICE B D AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner namely Md.Altab Hussain praying for bail, apprehending his arrest, in conne ction with Hojai P.S.Case No.39 of 2011 U/S 420/34 of the Indian Penal Code . Heard Mr.A.M.Mazumdar learned sr. counsel assisted by Mr. A.K.Talukdar, learned counsel for the petitioner and Mr. B.S.Sinha, learned additional public prosec utor, Assam. Also perused the Case diary. Apparently the complaint was lodged after 72 days of the incident. In view of th e long delay in lodging the FIR and also in view of the fact that I.O. has faile d to seize any quantity of Agar Oil either from the accused or from the complain ant and that the I.O also could not find any eye witness to the incident, the ba il prayer of the petitioner is accepted. The I.O. is directed to release the petitioner on bail, in the event of his arre st, in connection with the aforesaid P.S.Case on furnishing bail bond of Rs.10,0 00/-with one local surety of like amount to his satisfaction . Petitioner is directed to appear before the I.O.within one week from today and shall co-operate in the investigation. With the aforesaid directions, the A.B. stands disposed of.