AB 931/2011 BEFORE THE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. Y. Sikdar, learned counsel appearing for the petitioners. Also heard Mr. B.S. Sinha, learned Addl. P.P., Assam. This application is filed under Section 438 Cr.P.C. seeking pre-arrest b ail in favour of Md. Aziz Ali Choudhury and Smt. Nijumsri Boro, in connection wi th Sonapur P.S. Case No.119/2010 registered under Section 120(B)/408/423/426/447 /34 IPC. Also perused the case diary. The allegation made in the FIR lodged on 28.09.2010 is that on the night of 28.09.2010, the petitioner, namely, Md. Aziz Ali Choudhury alias Commando al ong with 20 to 25 persons, being armed with dao, rod, spear, lathi, etc. committ ed trespass into the premises of the informant and assaulted Sri Haren Bora and Sri Julen Deka, causing injuries to their persons. From the case diary it is fou nd that out of the said two injured persons, Julen Deka alias Dulen Deka succumb ed to the injuries in the hospital during the course of the treatment. Having heard the learned counsel for both the parties and consider the e ntire aspect of the matter, I do not find it to be a fit case to extend the bene fit of pre-arrest bail in favour of the petitioner Aziz Ali Choudhury. According ly the prayer for pre-arrest bail on behalf of Md. Aziz Ali Choudhury stands rej ected. However, from the materials on records, I do not find sufficient reason requiring custodial interrogation of Smt. Nijumsri Boro, W/O Md. Aziz Ali Choudh ury. In my considered opinion her release on bail will not adversely affect the investigation of the case. In view of the above, the interim bail granted by this Court on 06.04.20 11 in favour of Smt. Nijumsri Boro is made absolute. Bail application is disposed of. Return the case diary.