AB 3985/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is the third application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Sri Sanjib Kumar Boroo, in connection with BI(EO ) Police Station Case No. 31/2010, under Section 379 IPC read with Section 40/41 of AFR Vol.VII of 1891 and 24/25 and 49(1) of AFR Amendment Act, 1985. Perused the above application and materials on record. Perused also a co py of the order, dated 07-09-2011, passed in AB No. 2610 of 2011, whereby the pe titioner’s prayer for pre-arrest bail was rejected for the second time, because of incriminating materials available in the case diary against the petitioner. I n fact, the reasons were clearly assigned for not giving benefit of pre-arrest b ail to the petitioner. Heard Ms. J Likhok, learned counsel, appearing on behalf of the petitioner, and Mr. K Munir, learned Additional Public Prosecutor, Assam. In effect the submission, now, made on behalf of the petitioner, is that another employee, who was the commercial clerk, has been granted pre-arrest bail. This argument does not apply in a case of present nature, because every bail applicat ion has to be decided on its own merit and merely because of the fact that a com mercial clerk has been granted pre-arrest bail does not necessarily, or as a col orary, casts a duty on the Court to grant pre-arrest bail to all concerned. Situ ated thus, this Court is of the view that the new ground, which has been taken f or seeking pre-arrest bail, is not sustainable in law. Because of what have been pointed out above, this Court is of the view that in t he facts and attending circumstances of the present case, the petitioner cannot be given the benefit of pre-arrest bail. In the result and for the foregoing reasons, the prayer for pre-arrest bail, mad e by the petitioner, is hereby rejected. The petitioner may, however, appear in the Court of learned Chief Judicial Magis trate, Kamrup and apply for regular bail in connection with the case aforementio ned, and if, on his appearance in the learned Court below, he applies for regula r bail, the learned Court below shall consider and dispose of the same in accord ance with law. With the above observations and directions, this anticipatory bail petition shal l stand disposed of.