AB 1826/2011 BEFORE HON’BLE MR JUSTICE K. MERUNO Heard Mr. B. D. Goswami, learned counsel for the accused petitioner. Als o heard Mr. K. Munir, learned Addl. P.P., for the respondent State of Assam. The petitioner, hereinbefore, apprehending arrest in connection with Cha ndmari P.S. Case No. 01/2003 under Sections 344/34 IPC, which has been added wit h Section 366 of IPC, has filed this bail application under Section 438 of Cr.P. C., 1973, praying for grant of pre-arrest bail. The above cited police case has been registered on the basis of a compla int lodged by one Mr. Chaganlal Bajaj to the extent that his daughter was missin g since 10.12.2002 at about 4.30 PM and that he suspected one Mr. Chinmoy Deka, who is staying at Guwahati, with the help of somebody else, may be hiding his mi ssing daughter. As was directed by this Court earlier, learned Addl. P.P., Assam, has pr oduced the connected CD today. After going through the CD, learned Addl. P.P., Mr. Munir, submits that since the matter, in question, relates to the year 2003, there is not much mater ial available on record to assist this Court. On a query posed by this Court, learned counsel for the accused petition er, submits that the victim girl has already been recovered and she is now stayi ng with her parents. However, according to learned Addl. P.P., Assam, the above information r egarding safe recovery of the missing girl has not been ascertained by the polic e in the CD. Since the matter at hand, pertains to the year 2003, in the considered v iew of this Court, much water have flown over the bridge, and as such, at this s tage, to order for fresh investigation by the police, the same would not bring o ut any specific result in the case. In such a situation, this Court is left with no option else but to grant pre-arrest bail to the accused petitioner as provided under Section 438 of the Cr.P.C., 1973. In view of the above conclusion, it is, therefore, directed that in the event of arrest in connection with Chandmari P.S. Case No. 01/2003, accused peti tioner Sri Chinmoy Mohan Deka, shall be enlarged on bail on his execution of a b ail bond of Rs. 10,000/- with one local surety of like amount subject to the sat isfaction of the arresting authority. With the above directions, this bail application accordingly stands allo wed and disposed of.