AB 1004/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the accused-petitioner, namely, Hazarat Wahidul Aziz, in connection with Dispur P.S. Case No. 1381/2011 under Sections 380/454 IPC. Heard Md. MH Rajbarbhuiyan, learned counsel for the petitioner, and Mr. BB Gogoi , learned Addl. P.P. for the State of Assam. Perused the Case Diary and the materials on record. The complainant lodged an Ejahar alleging therein that he took a house on rent f rom Md. Abdul Aziz at a monthly rent of Rs.8,500/- for establishing a partnershi p business in the tenanted premises. Due to some official work, he was out of st ation from 02.08.2010 to 09.10.2010 and during the said period, the business was run by two of his employees. However, when the complainant came back on 10.10.2 010, he found that five numbers of Incuvertro machines worth Rs.15,00,000/- in t otal, and one generator, worth Rs.3,50,000/-, were missing. However, he could no t gather any information about his missing machineries from either the landlord or his son. Finally, on contacting with his own employees he came to know that t he landlord had prevented his employees to enter into the business premises, for which they had to discontinue attending the said business premises. On careful perusal of the materials on record, and the case diary, it appears th at the accused-petitioner is not named in the FIR. Learned counsel for the accused-petitioner has submitted that he has been detain ed in the police station on different occasions, in connection with the case afo rementioned and he is seriously apprehending arrest by the police. However, appa rently, there are no incriminating materials warranting custodial interrogation by the police. Considering the facts and circumstances of the case leading to the filing of the FIR and further considering the progress of investigation, this Court is of the considered view that this is a fit case to extend the privilege of pre-arrest b ail to the accused-petitioner in connection with this case aforementioned. Accordingly, it is provided that in the event of arrest of the petitioner, namel y, Hazarat Wahidul Aziz, in connection with Dispur P.S. Case No. 1381/2011 under Sections 380/454 IPC, he shall be released on bail of Rs.15,000/-, with one sur ety of the like amount to the satisfaction of the arresting authority on conditi on that the accused-petitioner shall make himself available before the Investiga ting Officer as and when required and shall also cooperate the I.O. for investig ation of the case. This bail application shall stand disposed of in terms of the above directions.