AB 2439/2011 BEFORE HON’BLE MR. JUSTICE H.BARUAH Heard Mr. R.P.Sarmah, learned senior counsel for the petitioners and Mr. K.Munir, learned Addl. P.P for the State of Assam. Case diary is available before this Court. I have carefully perused th e materials therein. The materials so far collected by Investigating Officer ap parently do not justify the rejection of bail under Section 438 of Cr.P.C. Mr.R.C.Sarma learned senior counsel submits that the First Information R eport lodged by Smt.Sharmila Payeng, is the out come of the election rivalry. Taking note of the materials available in the case diary, this court con siders that materials are insufficient to warrant rejection of the application u nder Section 438 Cr. P.C. Resultantly, the interim provided vide order dated 12. 08.2011 to the petitioners namely1.Sri Banikanta Doley,2.Sri Bhupen Doley,3.Sri Suresh Doley,4.Sri Parama Chungkang and 5.Sri Hemeswar Pegu, in connection with Dhakuakhana P.S.case No. 50 of 2011(GR Case No.63/11) u/s 341/379/323/171'/394/5 06 IPC, is made absolute. Application stands disposed of.