The court laid down guidelines and conditions for granting anticipatory bail, emphasizing the need to balance the individual's right to personal freedom with the interests of justice and the investigational powers of the police.

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 2.5.85 at 11.55 P. M. one Dwijen Phookan lodged a First Information Report (Annexure-1 to the application) at the Pan Bazar Police Station, Gauhati stating with reference to the information lodged there at same morning regarding the mi­ssing of his daughter Smt. Smita phukan that she had been recovered from the Hole) 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 farther 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 where under 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 25 85 forwarded the F. I. R. to the chandmari Police Station as the complainants 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 Chowdhury 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 discreet enquiries about him and his brother in connection with the said case and therefore he has reasons to believe that ha 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 be shall not in any manner make inducement, threat or promise to any person acquainted 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 immediately suffer in prestige and business good will. His name does not app­ear in the FIR and Shri Abbijeet Chowdhury 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 anticip