AB 2794/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA Heard Mr. N. J. Das, learned counsel appearing for the accused petitioners as we ll as Mr. B. S. Sinha, learned Addl. PP for the State. The instant pre-arrest bail application is filed by the petitioners, namely, (1) Md. Nurul Islam Choudhury, (2) Md. Turab Ali Choudhury and (3) Jubeda Khatun, u nder Section 438 CrPC for granting them bail in connection with Silchar PS case No.1426 of 2011 under Section 498-A IPC. This Court after hearing the learned counsel appearing for the parties 09.09.201 1 granted interim bail fixing the case on 16.09.2011 for production of the case diary. On 16.09.2011 again the matter was listed for bail hearing on 26.09.2011. On that date also the prosecution failed to produce the case diary and the matt er was fixed on 24.10.2011 and again the interim order was extended as the prose cution failed to produce the case diary. On 24.10.2011 the matter came up before this Court for bail hearing, again the prosecution failed to produce the case d iary. Today Mr. B. S. Sinha, learned Addl. PP for the State though produced the case d iary but submits that the materials available in the case diary do not suggest r ejection of the prayer for bail. In view of the above, there is no other alternative except to absolute the order dated 09.09.2011. Accordingly, it is directed that the aforesaid petitioners sh all be enlarged on bail in the event of their arrest in connection with the afor esaid PS case on furnishing a bond of Rs.10,000/-(Rupees ten thousand) only each with two local sureties of the like amount to the satisfaction of the arresting authority on further condition that they shall appear before the IO of the case as and when called for and they shall not, directly or indirectly, make any ind ucement, threat or promise to any person acquainted with the facts of the accusa tion against them so as to dissuade him from disclosing such facts to the Court or to any police officer and they shall not leave the State of Assam without pri or permission of the learned CJM, Kachar District. With the above, the instant pre-arrest bail application is allowed