AB 1182/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioners, namely, 1. Md. Hasmot Ali, 2. Mrs. Safia Begum, 3. Md. Sahnur Ali, 4. Md. Sajahan Ali, 5. Miss Romena Begum and 6. Md. Hajrat Ali, in connection with Nalbari Police Station Case No. 240/2011, under Sections 4406/42 0 IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. IH Laskar, learned counsel, appearing on behalf of the petitioners, an d Mr. BS Sinha, learned Additional Public Prosecutor, Assam. In view of the fact that perusal of the case diary does not reveal such incriminating materials against the petitioner No. 2 to 6, namely, Mrs. Safia Be gum, Md. Sahnur Ali, Md. Sajahan Ali, Miss Romena Begum and Md. Hajrat Ali respe ctively, which would warrant their custodial detention, and in view also of the fact that perusal of the case diary does not reveal that their liberty on bail w ill adversely affect further investigation, if any, of the case, the interim dir ections, for pre-arrest bail, passed, in this case, in favour of petitioner No. 2 to 6, namely, Mrs. Safia Begum, Md. Sahnur Ali, Md. Sajahan Ali, Miss Romena B egum and Md. Hajrat Ali respectively, on 04-05-2011, are hereby made absolute su bject to the condition that the petitioner Nos. 3, 4 and 6, namely, Md. Sahnur A li, Md. Sajahan Ali and Md. Hajrat Ali respectively shall, within four days from today, appear before the Officer-in-Charge, Nalbari Police Section, and make th emselves available for interrogation by police at all reasonable time. So far as petitioner No. 1, namely, Md. Hasmot Ali, is concerned, considering th e nature of incriminating materials available in the case diary against the peti tioner No.1, this Court is of the view that, in the facts and attending circumst ances of the present case, the petitioner No. 1, namely, Md. Hasmot Ali, cannot be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioner No. 1, namely, Md. Hasmot Ali, is hereby rejected. The interim direction for pre-arrest bail passed, in favour of the petitioner No . 1, namely, Md. Hasmot Ali, on 04-05-2011, shall accordingly stand vacated. With the above observations and directions, this petition shall stand disposed o f.