AB 197/2010 BEFORE HON’BLE MR JUSTICE H.N. SARMA By this application under Section 438 Cr.P.C, the petitioners have prayed for re leasing him on pre-arrest bail in the event of his arrest in connection with Alo patichar P.S. Case No. 56/2010(G.R. Case No. 2038/2010) under Sections 447/427/3 25/324/354/294/506/34 IPC. The learned Public Prosecutor procuring the connected case diary highli ghted the materials so far collected by the I/O during the course of investigati on including the injury report of the victim. Considering the injuries sustained by the victim as well as the incrimin ating materials collected by the I/O during the course of investigation, I do no t consider that the privilege of pre-arrest bail as provided u/s 438 CrPC can be extended to the petitioner in this case. Hence, the prayer of pre-arrest bail s tands rejected. However, it would be open for the petitioner to surrender before the learned C JM, Barpeta and apply for regular bail u/s 439 CrPC. In the event of filing such application under S. 439 CrPC, the learned CJM, shall pass appropriate order th ereon that might be justified under the law and facts.