Page No.# 1/4 GAHC010177012026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1983/2026 SRI MADHU BORA S/O SRI SRIKANTA BORA VILLAGE KAHIBARI, P.O. BORCHALA, P.S. LAHARIGHAT, DISTRICT MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S DEKA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.08.2026 Heard Mr. S. Deka, the learned counsel for the petitioner and Mr. B. Sarma, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for pre-arrest bail in connection with Nagaon P.S. Case No. 522/2026, registered under Section 316 Page No.# 2/4 (4) of BNS, 2023. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged by the representative of Arohan Financial Services Ltd. on 30.06.2026, before the Superintendent of Police Nagaon stating inter alia that he is the authorized representative of the Arohan Financial Services Ltd. having its registered office at Kolkata as well as at Nagaon and that, the petitioner is the employee of the said organization and that he was entrusted with the sole custody and responsibility of the cash kept in the said branch. The informant states that the petitioner had illegally utilized the company’s money for its own personal purpose and that a discussion was held with the petitioner and during the said discussion, the petitioner had acknowledged the irregularities committed and he promised to return the money within a stipulated period of time. It was also alleged that cash amount of Rs. 7,79,373/- (Rs. Seven Lakhs Seventy Nine Thousand Three Hundred and Seventy Three Rupees only) was found to be short during verification done in the said branch. 4. The learned counsel for the petitioner submits that the acknowledgment made by the petitioner was forcibly taken by the informant and the petitioner was no way responsible for shortage of the money found in the branch. 5. He further submits that the said company used to provide loan to the customers and that it was not stated that the loan amount has been repaid by the said customers and as such, a shortage of some money was detected with the branch. 6. Mr. B. Sarma, the learned Addl. Public Prosecutor for the State, however, Page No.# 3/4 submits that the petitioner is given the sole responsibility to maintain cash in the said branch and that the petitioner had never stated that the amount was given in loan to the customer, and that as such shortage of money was detected and that the petitioner was the branch head of the said branch at Nagaon. 7. Upon consideration of the submissions made by the learned counsel, it is seen that, apart from the self-declaration made by the petitioner, no other material has been shown to have been collected or known to the informant. The further statement made by the informant is that the physical cash verification was conducted and a cash shortage was identified but it is not stated by any other witness that the shortage was due to the conduct of the petitioner. 8. As such, this court deems it fit to enlarge the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 30,000/-(Rupees Thirty Thousand only) with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: (i) The petitioner will appear before the Investigating Officer within a period of 7 days from the date of passing of this order and he shall furnish all the required documents for proper investigation of the case. (ii) The petitioner will not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case. (iii) He will not leave the residence without the permission of the Investigating Officer. (iv) On failure to appear before the Investigating Officer or on failure to Page No.# 4/4 comply with the conditions, the said bail order would be amenable for cancellation. 9. The Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant