AB 4156/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY This is a second application under section 438 of the CrPC in Rangia P S Case No .345/2011 registered under sections 498(A)/406/506/313/34 of the IPC, after AB N o.2971/2011 was dismissed on 18.11.2011 (Annexure-B) because of the adverse mate rials in the case diary. Mr. T Deuri, the learned counsel appearing for the petitioner submits that the p etitioner is currently ailing and therefore his pre-arrest Bail Application shou ld now be considered. However Ms. A Begum, the learned Addl. P.P. submits that illness of the petition er can’t be a ground for granting him the benefit of pre-arrest bail as the firs t application was rejected because of the incriminatory materials in the case di ary. Considering the rival submission, I am of the view that this application cannot be granted and the same is accordingly dismissed.