AB 438/2010 BEFORE HON’BLE MR. JUSTICE H. BARUAH. Heard Mr. H.R.A Choudhury, learned Sr. counsel for the petitioner and Mr. K. Mun ir, learned Addl. P.P for the State of Assam. This petition under Section 438 Cr. P.C is filed by Md. Amir Hamza praying grant of pre-arrest bail to him in connection with Sualkuchi River P.S Case No. 16 of 2010 registered under Section 395/397/365/302/ 201 IPC. Mr. H.R.A Choudhury, learned Sr. counsel in support of bail application submits that the petitioner is entitled to have the pre-arrest bail since he is no longe r involved in the alleged crime. Referring to the First Information Report, it i s submitted by him that first informant impleaded 12 persons as accused among wh om the name of the petitioner does not appear. It is submitted that when the Fir st Information Report is specific against the 12 persons, there is no reasonable justification for arrest of the present petitioner in connection with the afore said case. Mr. H.R.A. Choudhury, learned Sr. counsel for the petitioner taking recourse to the order dated 19-01-2011 passed in Bail Appl. No. 48 of 2011 contends that the petitioner herein being in the same footing as that of the petitioner therein s hould be treated equally and the privilege of pre-arrest bail can also be provid ed to him. The order placed before this court is also gone through, wherefrom it appears th at this court taking note of non availability of the materials against that peti tioner provided pre-arrest bail to him. Mr. Munir, learned Addl. P.P also after going through the Case Diary submits tha t there is no material, on the basis of which the application for pre arrest bai l can be rejected. Taking note of the facts and non-availability of the material against the petiti oner in the case diary, the prayer for pre-arrest bail is allowed with a directi on that in the event of arrest of the petitioner abovenamed in connection with a foresaid case, he shall be released on bail for Rs. 15,000/- with one surety of the like amount, subject to the satisfaction of the arresting authority with the following conditions: 1. that he will make himself available for interrogation by the investigati ng agency as and when required; 2. that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade hi m from disclosing such facts to the court or to any police officers; and 3. that he shall not leave the jurisdiction of the Chief Judicial Magistrat e, Kamrup without written permission of the learned CJM, Kamrup, Assam. Violation of any of the aforesaid conditions shall entail cancellation of the pr e arrest bail without notice. With the aforesaid directions the bail application stands disposed of. Order dated 10-01-2011 passed in Bail Appl. No. 48 of 2011 shall form a part of record.