AB 1304/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioners, namely, 1. Sarbesh Ali and 2. Julmat Ali, in connectio n with Barpeta Road Police Station Case No. 237/2010 (Corresponding to GR Case N o. 2649/2010), under Section 498(A) IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. MH Ahmed, learned counsel, appearing on behalf of the petitioners, and Mr. BS Sinha, learned Additional Public Prosecutor, Assam. In view of the fact that perusal of the case diary does not reveal such incriminating materials against the petitioner No. 2, namely, Julmat Ali, which would warrant his custodial detention and in view also of the fact that perusal of the case diary does not reveal that his liberty on bail will adversely affect further investigation, if any of the case, the interim directions, for pre-arre st bail, passed, in this case, in favour of petitioner No. 2, namely, Jalmat Ali , on 16-05-2011, are hereby made absolute subject to the condition that the peti tioner Nos. 2, namely, Jalmat Ali, shall within four days from today, appear bef ore the Officer-in-Charge, Barpeta Road Police Section, and make himself availab le for interrogation by police at all reasonable time. So far as petitioner No. 1, namely, Sarbesh Ali, is concerned, considering the n ature of incriminating materials available in the case diary against the petitio ner No.1, this Court is of the view that, in the facts and attending circumstanc es of the present case, the petitioner No. 1, namely, Sarbesh Ali, cannot be giv en the benefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest b ail, made by the petitioner No. 1, namely, Sarbesh Ali, is hereby rejected. With the above observations and directions, this petition shall stand disposed o f.