Page No.# 1/3 GAHC010141272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2118/2025 DHIREN BAISHYA S/O LATE MANOHARI BAISHYA R/O VILL- AMRATTARY P.S. MUKALMUA, DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A SARMA, MS G SWAMI,MR. K KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.06.2025 1. Heard Mr. W. Rahman learned counsel for the petitioner Dhiren Baishya. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 12.06.2025 in connection with Bhangagarh Police Station Case No. 90/2025 under Sections Page No.# 2/3 61(2)/318(4)/336(3)/340(1)/316(5) of the BNS. 3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the respondent State. 4. It is submitted on behalf of the petitioner that it is not plausible that official of a lower rank can siphon of funds without signature or sanction from the higher officials.A false case has been brought up against the petitioner to mask the conduct of the higher officials who were also complicit in defalcation of funds. 5. It is submitted that the petitioner is the sole breadwinner of his family and he has to take care of his two minor daughters and his wife. The petitioner has been behind bars and his family is suffering immensely. 6. Per contra, learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner. The statements of the witnesses and the statement of the petitioner clearly indicates his involvement. The petitioner has caused loss of revenue to the bank by siphoning off the funds to non-customer account numbers. 7. I have considered the submissions at the bar with circumspection. 8. The FIR unfolds that fraudulent activities were identified in the Punjab National Bank, Bhangagarh Branch through an investigation conducted by Shri Tarun Saikia. Manipulation of bank transactions generated by refund of excess/wrongly credited revenue loss by certain branches of Punjab Bank were detected. The funds were misappropriated and subsequently siphoned off to third-party accounts through NEFT/RTGS transactions. A chronology of the program letter has been specifically mentioned in the FIR. 9. I have considered the fact that investigation has progressed substantially. Indeed there are incriminating materials in the Case Diary against the petitioner. Page No.# 3/3 10. I have considered the submission that the petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 11. It appears that bail may be granted to the petitioner. 12. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, (M) under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and (ii) The petitioner shall not manipulate the evidence. 13. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 14. This application stands disposed of. 15. Send back the Case Diary. JUDGE Comparing Assistant