AB 1173/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. H. Deka, learned counsel for the petitioner and Mr. B.B. Gogoi, learne d Addl. P. P for the State of Assam. Deceased Nyajum Ngomdir was the husband of the first informant, Smt. Tupi Ngomdi r. She is a resident of village- Tadin(Kombo) under Aalo P.S, West Siang Distric t. She on 10-3-2011 lodged an FIR with the Officer-in-Charge of Joypur Police St ation alleging inter alia that on 09-03-2011 at about 20.30 hrs. while her husba nd Nyajum Ngomdir (since deceased) was busy in teaching the children at his resi dence received a telephone call from the petitioner that they were leaving for h unting at Hukanjuri and they would be accompanied by ASI, Noete and one Jomo. Af ter receiving the telephone call her husband went away with his Matuti car and t he gun informing her that he would go for hunting along with the persons indicat ed above. On the next day i.e. on 10-3-2011 at about 07.50 hrs. she received an information that dead body of her husband is lying on the road in between Hukan juri and Deomali. Suspecting involvement of Mimar Riba, the petitioner herein, ASI, Noete and Jomo , she lodged an information in writing with police. The Officer-in-Charge of the Joypur police station accordingly registered a case being Joypur P.S Case No. 1 4 of 2011 under Section 302/34 IPC. The petitioner apprehending his arrest in connection with the aforesaid case fil ed this petition under Section 438 Cr. P.C on 2nd May, 2011 to grant him privile ge of pre arrest bail in view of the facts and grounds contended in the petition . This court while dealing with this petition passed various orders directing th e Investigating Officer to produce up to date case diary with detail investigati on report and also record the statement of ASI, Noete and Jomo, who accompanied the deceased along with this petitioner for hunting. Today, learned Addl. P .P h as produced the case diary for consideration of this bail application on the bas is of the materials available therein. From a careful scrutiny of the materials available in the case diary, this court nowhere finds any substantial material forthcoming against the petitioner showi ng his involvement in the death of the deceased, the husband of the first inform ant. Therefore, this court finds no impediment to dispose of this case with the privilege of pre arrest bail to the petitioner. It would be appropriate to mention at this stage that till date the Investigatin g Officer is unable to collect any material showing involvement of the petitione r herein in the death of the husband of the first informant. The petitioner herein, is, therefore, allowed to go on bail for Rs. 15,000/- wit h one surety of the like amount, subject to the satisfaction of the arresting au thority in the event of his arrest in connection with Joypur P.S. Case No. 14 of 2011 registered under Section 302/34 IPC. It is made clear that the petitioner shall within a period of 7(seven) days appe ar before the Investigating Officer to record his statement. With the above direction, this application accordingly stands disposed of.