AB 1168/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL Both these bail applications are being disposed of by this common order since bo th the applications have arisen out of the same case diary. Heard Shri D.C.C. Phukan, learned counsel for the accused petitioners in both th e cases and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent. Also pe rused the case diary. The A.B. No. 1168 of 2011 under Section 438 Cr. P.C. has been filed by the accus ed persons Md. Nuruddin Ahmed, Md. Noor Ali, Md. Noor Jamal, Md. Azhar Ali and M d. Taznoor Ali praying for pre-arrest bail and B.A. No. 687 of 2011 has been fi led under section 439 Cr. P.C. by the accused Md. Nurman Ali seeking regular bai l in connection with Morigaon P.S. Case No. 37 of 2011 under Sections 147/148/14 9/448/307/506 IPC. The prosecution case is that the victim woman, who subsequently died in the hospital, has given a dying declaration implicating all the accused persons for setting her afire. The petitioners’ case is that the deceased sustained burn injuries in her reside ntial house and subsequently a false story has been concocted that the victim wa s set afire at the place of occurrence. From the case diary it reveals that the incident took place at the disputed plot of land and not in the residential house of the deceased. Having regard to the nature of allegation, the bail applicants are not e ntitled to bail at this stage. Hence, bail prayers of accused/ petitioners in bo th the cases are hereby rejected. Accordingly, both the A.B. and B. A. stand dismissed.