AB 1311/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant application, under Section 438 CrPC, is filed by the petitioner, Jai l Haque for granting him bail in the event of his arrest in connection with Disp ur P.S. Case No.775/2011 under Section 366(A) of the IPC. Heard Mr. U.K. Barman, learned counsel appearing for the petitioner as w ell as Mr. B.S. Sinha, learned Addl. P.P. The prosecution case in the FIR is as follows - One Diganta Boro lodged an information with the Officer-in-Charge, Dispur Police Station on 23.4.2011 alleging inter-alia that on 21.4.2011 in the evening at ar ound 6.30 P.M. his sister Miss Ambika Boro (Mainu) was forcefully kidnapped by a boy namely Jail Haque , S/O Harun Ali, resident of Hatigaon, Bhetapara, Moromi Path, House No.1 from Sarumotoria,, Dr. Jakir Hussain Path by showing various pr omises and kept her hiding though she is at the age of 17 years. Upon receipt of the said information, the Dispur Police registered the aforesaid police case. M r. Barman while urging for bail submits that the whole allegation made in the FI R against the petitioner is only for harassing him though he is no way connected with the alleged offence. He further submitted that the alleged victim girl has already been recovered and at present staying with her parents. He submits that this Court on 16.5.2011 issue notice to the prosecution and also asked for prod uction of the case diary fixing the date on 30.5.2011 but the prosecution failed to produce the case diary on that date and the Court again fixed the date on 20 .6.2011 for production of the case diary but the prosecution again failed to pro duce the same and ultimately this Court fixed 29.6.2011 for production of the ca se diary. The prosecution again also failed to produce the case diary, consideri ng the position of the instant bail application was fixed again on 1.7.2011 but the prosecution could not produce the case diary. Due to non-production of case diary by the prosecution, the Court provided Mr. B.S. Sinha another chance for p roduction of case diary and it is specifically stated therein that Mr. B.B. Gog oi, learned Addl. P.P., Assam will invariably ensure production of the case diar y on the next date fixed failing which the Investigating Officer concerned will be personally present before the Court, and fixed 18.7.2011 for production of c ase diary. Mr. Barman, referring the order of this Court as stated supra would contend that the State is denying the justice to the petitioner only in the name of producti on of case diary and it would be proper for this Court to grant bail to the peti tioner. The victim girl has already been recovered and is staying with her paren ts. Mr. B.S. Sinha, learned Addl. P.P. submits that as requested by this Court he al so communicated the IO of the case regarding the order of this Court dated 1.7.2 011 but even on receipt of the information, the IO of the case is reluctant to a ppear before this Court. He further contended that the IO of the case is neither producing the case diary nor appearing before this Court. In view of the above , he is not in a position to make any submission without instruction. It appears from the record that again and again the prosecution was provided tim e for production of the case diary but the prosecution failed to provide the cas e diary and the IO of the case even did not consider to appear before this Court . There is no doubt that the Investigating Officer in particular case is always may not be in a position to produce the case diary in time as the Investigating Officer is also bound to discharge his duties so far entrusted upon him for main taining law and order but that does not mean even after getting ample opportunit y for production of case diary he will not produce the same. When the case diary is not producing by the prosecution, and the girl has already been recovered as stated by the petitioner, there is no other alternative before this Court excep t to grant the bail to the petitioner. Accordingly, it is directed that the petitioner Jalil Haque shall be released on bail in the event of his arrest in connection with the aforesaid P.S. Case on f urnishing a bond of Rs.25,000/- with two sureties of the like amount to the sati sfaction of the arresting authority, on further condition that he shall appear b efore the IO of the case once in a week till completion of the investigation and he shall not leave the State of Assam without prior permission of the learned C JM, Kamrup, Guwahati. Copy of this order be supplied to D.G.P., Assam for his information. With the aforesaid order, the bail application is allowed.