AB 278/2011 BEFORE HON’BLE MR JUSTICE A.C.UPADHYAY This is an application under section 438 Cr.P.C. seeking pre-arrest bail on beha lf of the petitioners, namely- 1) Md Abdul Barek and 2)Md Abdur Rahman, in conne ction with Lahorighat PS Case No3/20110 under sections 406/420/34 IPC. Heard Mr N Baruah, learned counsel for the petitioners and Mr K.Munir, l earned Addl. Public Prosecutor for the State of Assam. Also perused the case dia ry and the materials on record. The learned Addl. Public Prosecutor by producing the case diary has appr ised the progress of the investigation in connection with this case. The petitioners are the agents of Inbuilt Merchant Pvt. Ltd. Allegations in the FIR is non-payment of the outstanding dues. Considering the facts and circumstances of the case leading to the filin g of the FIR and the progress of the investigation, I am of the considered view that there is no sufficient incriminating materials warranting custodial interro gation of the petitioners in connection with this case. Accordingly, it is provided that the petitioners abovenamed, in the even t of their arrest in connection with the aforesaid case, they shall be release d on bail of Rs.10,000/-each, with one local surety of the like amount to the s atisfaction of the arresting authority on condition that they shall appear befo re the I.O. as and when directed to do so and shall co-operate with the investig ation of the case. The anticipatory bail application is disposed of.