AB 427/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 CrPC Seeking pre-arrest bail by th e petitioners, namely, 1. Sri Ganesh Gowala, 2. Sri Asit Baruah, and 3. Sri Babl u Baruah, in connection with Behali Police Station Case No. 17/2011, under Secti on 379 of the IPC, read with Section 40/41 of the AFR Act. Perused the above application and materials on record. Also perused the relevant case diary. Heard Mr. S. Borthakur, learned counsel, appearing on behalf of the peti tioners, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam. Considering the nature of incriminating materials available in the case diary against the petitioners, this Court is of the view that in the facts and a ttending circumstances of the present case, the petitioners cannot be given the benefit of pre-arrest bail. The petitioners’ prayer for pre-arrest bail is, the refore, rejected. This Bail application shall stand disposed of accordingly.