AB 2424/2011 BEFORE THE HON’BLE MR. JUSTICE A.C.UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioners, namely, (1) Sri Pradip Chandra Bhagabati, (2) Sri Giridhari Adh ikari, (3) Sri Jugal Kalita, and (4) Sri Akhay Kalita, in connection with Chayga on P.S. Case No. 164/2010 under Sections 120B/201/302/ 365/ 323/34 IPC. Heard Mr. N. Dutta, learned senior counsel, assisted by Mr. A.M. Bora, learned c ounsel for the petitioners, and Ms. A. Begum, learned Addl. P.P. for the State o f Assam. Ms. Begum, learned Addl. P.P. by producing the case diary has apprised the Court regarding the progress of investigation. Mr. Dutta, learned senior counsel, at the very outset has informed that petition er No.2, Sri Giridhari Adhikari has already been arrested and, therefore, submit ted that he is not pressing the petition in respect of petitioner No.2, Sri Giri dhari Adhikari. However, learned senior counsel for the petitioners has submitted that the remai ning petitioners are not involved in the occurrence rather they rescued one of t he boys namely Dhiren Mali, who had accompanied the deceased victim, when he was assaulted by the public. Learned senior counsel for the petitioners has submitted that the petitioners ha ve consistently maintained a blemishless service career and served the Governmen t with utmost sincerity and dedication. Learned senior counsel has pointed out that petitioner No.1 had gone to Mirza fo r some official work, wherein he was informed over telephone by the petitioner N o.2 that in front of Kukurmara Timber Depot Office, some unidentified persons in tercepted some trucks, which resulted in heavy traffic jam, as a result of which , there was exchange of words between the interceptors and the passengers of veh icles, driver and conductors and there was a gathering of around 300 people, who were stranded due to road block caused by such unauthorized interception of tru cks. At that time, petitioner Nos.3 and 4 were not present at the site and they were on patrolling duty at Kalahi river alongwith some other staffs. Since there were only a few employees, it was not possible for those employees to control s uch an unruly situation. Petitioner No.1 arrived at the spot and witness that so me unidentified persons were beating up one of the interceptors of the truck nea r Kukurmara Forest I.B. and he tried to dissuade those persons from beating up t he boy. I have carefully perused the materials on records and also looked into t he progress of investigation of the case. On careful perusal of the case diary and materials on record, I find tha t there are sufficient incriminating materials against the petitioners warrantin g custodial interrogation in connection with the aforementioned case. Considering the gravity of allegation levelled against the petitioners a nd further considering the progress of investigation of the case, the prayer for pre-arrest bail, submitted on behalf of the petitioners, stands rejected.