AB 1108/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. BD Das, learned counsel for the petitioner and also heard Mr. B.B.Gogo i, learned Addl. P.P. appearing for the State. The petitioner herein is the Principal I/C of Athabari Higher Secondary School whereas the informant is the President of that School. Mr. Phanidhar Neo g, the President of the School as aforesaid on 07-04-2011 filed an FIR with the Officer-in-Charge, Demow Police Station alleging inter alia therein that the pe titioner herein being the Principal I/C failed to provide any evidence regarding allotment of rice for the month of January and February, 2011 for mid-day meal to the students. However, the mid-day meal was provided to the students by prov iding damaged quality rice from the earlier allotments. It is also alleged ther ein that in use of low/poor quality of rice in the mid-day meal, the students ar e suffering from various ailments. It is further stated that the Principal I/C misappropriated the good quality rice and instead of that poor quality rice have been provided. It is submitted by Mr. BD Das, learned counsel for the petitioner that t he rice is supplied by the Govt. for each and every month for mid-day meal and t he same is used for the purpose and there being no godown in the School to stock the rice it would be not appropriate to allege that poor quality rice provided for mid-day meal. It is also submitted that the rice provided by the Government is being used for the mid-day meal and the allegations brought in the FIR from t he President of that School is baseless and fabricated. The materials available in the case record and Investigating Officer of this case do not indicate that the rice allotted for the month of January and Fe bruary, 2011 has been misappropriated by the Principal I/C. The materials collec ted by the I.O. therefore appear not sufficient to take an adverse view as again st the Principal I/C herein that he has misappropriated the rice for the month o f January and February, 2011 instead provided low quality rice for mid-day meal. Taking note of all these matters in its entirety, the interim bail provi ded to the petitioner herein vide order dated 13-05-2011 is made absolute. It is directed that the petitioner herein shall appear before the I.O. o f the case for recording his statement and also to assist the investigation. This Bail application stands disposed of.