AB 3585/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. B. Choudhury, learned counsel for the petitioner and Mr. BB Gogoi, lea rned Addl. Public Prosecutor, Assam representing the State. By this application u/s 438 CrPC, the petitioner has prayed for releasing him on pre-arrest bail in connection with Bagbar PS Case No.90/11 u/s 376/48 IPC. Mr. Gogoi, learned Addl. PP by producing the case diary, has apprised the Court regarding the progress of investigation of the case. The FIR reveals that the accused petitioner committed rape on the victim. Learn ed counsel for the petitioner submits that first informant is not having a good character since she also lodged an FIR against her own father. He submits that t he medical report submitted by the Doctor do not indicate any injury in private parts of the prosecutrix. The prosecutrix has alleged rape on her by the petitioner. The petitioner is na med in the FIR. Considering the matter in its entirety and the gravity of offence alleged, I am of the considered view that this is not a fit case to extend the privilege of pr e-arrest bail to the petitioner. Consequently, the bail application stands rejected.