IMPORTANT POINTS
(i) A person is guilty of an offence only after being found to be so by a competent cri­minal court.
(ii) The court normally does not interfere with the investigation of a case where an offence has been disclosed.

JUDGMENT

K.N. Saikia, J. - The petitioner of this application for anticipatory bail under Section 438 of the Code of Criminal Procedure, shortly 'the Code', is a Commerce Graduate from Gauhati University and has been tem­porarily looking after the day to day manage­ment of the Hotel Nandan owned by M/s. Shyam Udyog (P) Limited. On 2.5.1985 at 11.55 p.m. one Dwijen Phookan lodged a First Information Report (Annexure-I to the application) at the Pan Bazar Police Station, Gauhati stating in with reference to the information lodged thereat same morning regard­ing the missing of his daughter Smt. Smita Phukan, that she had been recovered from the Hotel Nandan, G.S. Road at about 6.30 p.m. from the unlawful custody of one Shri Abhijeet Choudhury, who was a receptionist of the said hotel and Shri Himanshu Sharma, who was known to be a Director of the said hotel. It was further stated that the girl had been kidnapped and enticed away from the lawful custody of her parents by Shri Abhijeet Choudhury in collusion with Shri Himanshu Sharma and other persons who kept her con­cealed in the said Hotel Nandan. The girl was stated to be a minor of about 14 years and a student of Class VIII. The aforesaid F.I.R. was forwarded to the Paltan Bazar Police Station whereunder Hotel Nandan fell vide G.D. Entry No. 54 of 2.5.84. The Paltan Bazar Police Station vide G.D. Entry No. 87 of 2.5.85 forwarded the F.I.R. to the Chandmari Police Station as the complainant's house fell within its jurisdiction. The Chandmari Police Station thereupon registered its case No. 84/85 under Section 366A I.P.C. It is stated in this application that the said Shri Abhijit Choudhury who was the receptionist was "forcibly taken away" from the pre­mises of the Hotel Nandan at about 5.30 p.m. on 2.5.85 and was produced before the Chief. Judicial Magistrate, Gauhati on 3.5.85 and the Forwarding Report (Annexure II to the application) of the Officer-in-Charge Chand­mari Police Station stated that at about 6.30 p.m. the victim girl was recovered from the unlawful custody of the accused person by the complainant.

2. The petitioner states that he happened to be present in the hotel on 2.5.85 in connec­tion with the day to day management of the hotel and since the date of occurrence the police has been making discreat enquiries about him and his brother in connection with the said case and therefore he has reasons to believe that he may be arrested in connection with the above case. He further states that he hails from a very reputed family of Gauhati. His grand father is an Advocate and his father is a reputed Chartered Accountant and his family members own both movable and immovable properties at Gauhati and other places. He also states that there is absolutely no chance of his tampering evidence or hampering the investigation and he shall make himself available as and when required by the police and he shall not in any manner make inducement, threat or promise to any person acquaints or connected with the case and he undertakes to abide by any condition, direc­tion or order from the Court.

3. Mr. J.P. Bhattacharjee, the learned Advocate General, Nagaland for the petitioner submits: The petitioner's apprehension of arrest in connection with the case is reason­able. He hails from a respectable family. His grand father being an Advocate, his father being a reputed Chartered Accountant and his brother the Managing Director of M/s. Shyam Udyog (P) Limited, there is no likelihood of his evading the process of the criminal court or not attending the trial or in any way tampering with the evidence or witnesses of the case. If he is kept in custody for some days before granting bail he will immeasurably suffer in prestige and business goodwill. His name does not appear in the F.I.R. and Shri Abhijeet Choudhury whose name appears has already been granted bail by the Chief Judicial Magistrate Gauhati on 7.5.85 till 18.5.85. The petitioner has come before this Court with the prayer for an