AB 1415/2011 BEFORE THE HON’BLE MR. JUSTICE UB SAHA The instant application is filed by the petitioner Sri Pankaj Nath under Section 438 CrPC for granting him bail in connection with Satgaon P.S. Case No. 54/2011 registered under Section 364(A) IPC. Heard Mr. SM Abdullah P, learned counsel for the petitioner who contende d that the petitioner is in no way connected with the alleged offence as stated in the FIR. More so, the kidnapped person has already been recovered by this tim e and in his statement under Section 164, he did not implicate the present petit ioner. Therefore, it is a fit case where bail should be granted. Mr. BS Sinha, learned Addl. PP for the respondent State, in his usual fa irness submits that investigation is almost complete and the kidnapped person ha s been recovered. Even the police detected the modus-operandi of the accused per son and the petitioner is not involved in the instant case. In view of the aforesaid submission of the learned counsel for the parti es and particularly in view of the statement of the kidnapped person, the petiti oner is entitled to be released on bail exercising the power under Section 438 C rPC. Accordingly, it is directed that the petitioner Sri Pankaj Nath shall be released in the event of his arrest in connection with the aforesaid PS Case on furnishing a bond of Rs. 10,000/- with one local surety to the satisfaction of the arresting authority on further condition that he shall appear before the IO of the case as and when call for and shall not leave the State of Assam without the prior permission of the learned CJM, Kamrup. With the aforesaid order, the instant application is allowed and accordi ngly disposed of.