Page No.# 1/4 GAHC010206322024 2025:GAU-AS:175 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3194/2024 KIRAN DAS S/O SRI CHANDRA KANTA DAS R/O TEKELA CHIRING GAON, P.O. MOHANAGHAT P.S. DIBRUGARH, DIST. DIBRUGARH, ASSAM PIN-786004 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M MAHANTA, MS. S MAHANTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.01.2025 1. Heard Mr. M. Mahanta, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioner, namely, Sri Kiran Das, who is apprehending his arrest in connection with BI (EO) P.S. Case No. 06/2024 under Section 120(B)/420/406/409 of the Indian Penal Code, 1860, corresponding registration of G.R. Case No. 5509/2024. 3. The gist of accusation in this case is that on 10.09.2024, Mahendra Kumar, Regional Head, Barpeta Road Regional Office of Central Bank of India, had lodged an FIR before the Officer-In-Charge of the Bureau of Investigation (Economic Offences) Guwahati, inter alia, alleging that the accused persons named in the FIR, including the present petitioners, have committed fraud and misappropriation of public money at the Central Bank of India, Dhamdhama Branch in the district of Baksa, Assam. It has been alleged that there has been unauthorized transaction in the Self-Help Group (SHG) accounts at the branch office of the Bank at Dhamdhama during the tenure when the accused No. 1 named in the FIR, namely, Mr. Kiran Das was branch manager of the said branch. 4. It has been alleged that embezzlement in the Self-Help Group (SHG) loan accounts were found, on different dates, by the Branch Manager, Mr. Kiran Das, with the help of branch business correspondents, Mrs. Jumi Barman and Mr. Pulen Barman. It is also alleged that after detection of the embezzlement, an amount of total Rs. 28 lakhs, which was fraudulently withdrawn from the SHG accounts have been returned back to the account of the borrowers by way of cash/transfer/NEFT/RTGS. 5. It is also alleged that during discrete inquiry, it has been found that an amount of Rs. 3,25,29,657.17(Three Crore Twenty Five Lakh Page No.# 3/4 Twenty Nine Thousand Six Hundred Fifty Seven and Seventeen Paise only) has been withdrawn through unauthorized and unlawful transactions on various dates. 6. Mr. M. Mahanta, the learned counsel for the petitioner has submitted that the petitioner was the Branch Manager of the Central Bank of India, Dhamdhama Branch. However, presently, he is under suspension and also facing a departmental proceeding. 7. The learned counsel for the petitioner has also submitted that the allegations levelled in the FIR, as against the petitioner only relates to dereliction of duty. However, the allegation of embezzlement against him is not true. He also submits that as the allegations made against him in the FIR, are based on documentary evidence and as he is under suspension, he may not be in a position to tamper with the evidence or influence the witnesses in any manner. Hence, his custodial detention may not be necessary for fair completion of the investigation and therefore, he may be allowed to go on anticipatory bail. 8. On the other hand, Mr. D.P. Goswami, the learned Additional Public Prosecutor has produced the Case Diary of BI (EO) P.S. Case No. 06/2024 before this Court and has vehemently opposed the grant of anticipatory bail to the petitioner. He has submitted that the present petitioner happens to be the kingpin of the offence alleged in the FIR, as he was the Branch Manager of the bank during the relevant period when the alleged offence was committed. He also submits that as the alleged embezzlement involves a huge amount of money, release of the petitioner on anticipatory bail at this stage may jeopardize the investigation. Page No.# 4/4 9. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record, including the case diary of BI (EO) P.S. Case No. 06/2024. 10. On perusal of the Case Diary, it appears that there are sufficient incriminating materials, at this stage, against the present petitioner regarding the embezzlement of loan money of Self-Help Groups(SHGs) with the help of other accused persons and as the amount involved is a huge amount of Rs. 3,25,29,657.17(Three Crore Twenty Five Lakh Twenty Nine Thousand Six Hundred Fifty Seven and Seventeen Paise only), this Court is not inclined to grant anticipatory bail to the above-named petitioner at this stage of investigation. Hence, the prayer for grant of anticipatory bail to the above-named petitioner is rejected. 11. Send back the Case Diary. 12. This bail application is accordingly disposed of. JUDGE Comparing Assistant