ORDER

1. This matter is taken up by video conferencing mode.

2. This is an application under Section 438 of the Cr. P.C..

3. Heard learned counsel for the petitioners and learned counsel for the State.

4. The petitioners herein are apprehending arrest in G.R. Case No. 85 of 2021 arising out of Bhuban P.S. Case No.91 of 2021 on the file of learned J.M.F.C., Bhuban for commission of offences under Sections 341/294/323/379/ 506/ 34 of the Indian Penal Code.

5. Without going into the merits of the present petition filed by the petitioners under Section 438, Cr. P.C. seeking direction for pre-arrest bail, this Court is to observe first that whether the petition under Section 438 Cr. P.C. is maintainable before this Court without exhausting remedy under the said provision before the Court of Sessions which has concurrent jurisdiction.

6. The provisions of bail create a balance between the personal liberty of an accused and the interest of the society. Bail is a matter of right in bailable offences as provided under Section 436 of the Cr. P.C. and a matter of judicial discretion in non-bailable offences under Sections 437 and 439 of Cr.P.C. Where bail under Sections 436, 437 and 439 Cr. P.C.