AB 3534/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant application is filed by the petitioner, Sri Rinku Das under Section 438 CrPC for granting him bail in connection with Barpeta P.S. Case No. 1123/201 1 under Section 379 IPC. Heard Mr. D Talukdar, learned counsel for the petitioner who submits that the pe titioner is in no way involved with the alleged offence as he was not there in t he camp at the relevant time which will be evident from the FIR itself. He furth er submits that there is no possibility of his absconsion or evading the trial. Mr. BS Sinha, learned Addl. PP for the state while producing the CD submits that though there are some materials in the CD but those materials do not suggest fo r rejection of the prayer for bail. This Court has gone through the FIR as well as the CD. According to this Court, it is a fit case whether pre-arrest bail should be granted. Accordingly it is di rected that the petitioner shall be released on bail in connection with the afor esaid PS Case on furnishing a bond of Rs. 10,000/- with one local surety of the like amount to the satisfaction of the arresting authority, on further condition that he shall appear before the IO of the case once in a week as and when calle d for till completion of the investigation and he shall not leave the State of A ssam without the prior permission of the arresting authority. It is made clear that if the petitioner fails to appear before the IO of the cas e for two consecutive dates then the prosecution is at liberty to approach this Court for cancellation of the bail. Bail application stands allowed.