AB 3570/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Rokibul Islam, in connection with Abhayapuri Po lice Station Case No. 268/2009 (Corresponding to NGR Case No. 424 of 2009), unde r Sections 419/420 IPC. Perused the above application and materials on record including a copy o f the order, dated 19-09-2009, passed in Bail Application No. 3776 of 2009, wher eby the petitioner’s earlier application for pre-arrest bail was rejected on per usal of the case diary. The petitioner has, once again, applied for pre-arrest b ail. Heard Mr. MU Mahmud, learned counsel for the petitioner, and Mr. Z Kamar , learned Public Prosecutor, Assam. Considering the fact that on finding incriminating materials against the petitioner in the case diary, the petitioner’s earlier application for pre-arre st bail was rejected and no new and convincing ground could be made out by the p etitioner for seeking pre-arrest bail, the prayer for pre-arrest bail cannot be granted. The petitioner may, however, appear in the Court of the learned Sub-Div isional Judicial Magistrate, Abhayapuri, and if on his appearance in the learned Court below, he applies for regular bail, the learned Court below shall conside r and dispose of the same in accordance with law. While considering the regular application for bail, the learned Court below shall consider, as pleaded on beha lf of the petitioner, the fact that the petitioner was a tender aged boy of 19 y ears at the time of the occurrence, he is also claimed to be sick inasmuch as hi s sugar level in blood is, according to what has been submitted on behalf of the petitioner, very high. With the above observations and directions, this bail application shall stand di sposed of.