AB 116/2010 BEFORE HON’BLE MR JUSTICE H.N.SARMA Heard Mr HRA Choudhury, learned senior counsel assisted by Mrs SK Nargis, learne d counsel for the petitioner. Also heard Mr BB Gogoi, learned Addl. Public Prose cutor, Assam. By this application under Section 438 Cr.P.C, the petitioner, Denzil Hal im, has prayed for releasing him on bail in the event of his arrest in connectio n with Patharkandi PS Case No.185/2010 under sections 365/34 IPC added with se ctions 302/201 IPC. The learned Addl. Public Prosecutor procuring the connected case diary highlighted the materials so far collected by the I.O. during the course of inve stigation. During the course of investigation the statements of the witnesses wh o accompanied the victim while she was kidnapped have been recorded. The statem ent of one co-accused, namely, Zubin Alam who was arrested, was also recorded. The witnesses examined so far support the allegation levelled against the petit ioner. In view of the sufficient incriminating materials collected by the I.O. during the course of investigation against the petitioner, I am of the consider ed opinion that this is not a fit case where the privilege of pre arrest bail sh ould be extended to the petitioner in exercise of power under Section 438 Cr.P. C in connection with the aforesaid case. The prayer for pre arrest bail stands rejected.