AB 1687/2011 BEFORE THE HON’BLE MR. JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioner, namely, Sri Shahzamal Bhuyan in connection with Lakhipur P.S. Ca se No. 52/2011 under Sections 376/294/354 IPC. Heard Mr. M. Khan, learned counsel appearing for the petitioner, and Mr. K. Muni r, learned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the Case Diary has apprised the Court regarding progress of the investigation. The first informant, i.e., the victim, lodged an Ejahar stating therein that she had love affairs with the accused-petitioner and taking advantage of her weakne ss, the accused-petitioner had sexual intercourse with her and took her to the r esidence of the accused-petitioner with an assurance to marry her. Learned counsel for the petitioner has submitted that the entire incident is fal se and malicious and no such incident ever took place. Learned counsel further pointed out that these allegations were brought while the informant failed to co nvince the petitioner to fall in love with her. The petitioner knowing about the weakness of the victim, informed the same to her guardian and as a counter blas t of the said information, the victim along with some supporters forcefully ente red into the house of the petitioner on 30.01.2011. Ultimately, when the petiti oner was found not guilty, the local people sent the informant back to her house . Apparently, it appears that the prosecutrix had sexual intercourse with the peti tioner out of love, affection and with her consent. Considering the facts and circumstances of the case, the prayer for pre-arrest b ail of the petitioner is allowed. Accordingly, it is provided that in the event of arrest of the petitioner, Sri S hahzamal Bhuyan in connection with the case aforementioned, he shall be released on bail on his furnishing a bond of Rs.10,000/- with one local surety of the li ke amount each to the satisfaction of the arresting authority on condition that he shall cooperate with the investigating agency and shall make himself availabl e to the I/O of the case as and when required. With the above directions, this bail application stands disposed of.