AB 210/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 CrPC Seeking pre-arrest bail by th e petitioner, namely, Sri Pradip Kr. Misra, in connection with Dhekiajuli Police Station Case No. 418/2010, under Section 409/506 of the IPC. Perused the above application and materials on record. Also perused the relevant case diary. The petitioner’s earlier application for pre-arrest bail was rejected by this Court, by order, dated 02.12.2010, passed in AB No. 96/2010, on finding th at the case diary revealed sufficient incriminating materials against the petiti oner. Heard Mr. H.R.A. Choudhury, learned Senior counsel, appearing on behalf of the petitioners, and Mr. B. S. Sinha, learned Additional Public Prosecutor, A ssam. At the time, when the said bail application was moved by the petitioner, the petitioner was under suspension. Following withdrawal of his suspension by the Deputy Director, Secondary Education, Assam, the petitioner has filed this application seeking pre-arrest bail. However, during the pendency of this bail application, the petitioner has been placed under suspension and regular discipl inary proceeding has been initiated against him. The charges in the disciplinar y proceeding include alleged misappropriation of fund by the petitioner. Coupled with the above, considering the fact that the perusal of the case diary reveals cogent incriminating materials against the petitioner, this Court is of the view that in the facts and attending circumstances of the present case, the petitioner cannot be given the benefit of pre-arrest bail. The petitioner’s pra yer for pre-arrest bail is, therefore, rejected. This Anticipatory Bail application stands disposed of accordingly.