Page No.# 1/4 GAHC010206022025 2025:GAU-AS:12804 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2994/2025 JOGESH CHANDRA BAISHYA S/O SONESWAR BAISHYA R/O HOUSE NO. 35, GANESH NAGAR, NEAR LAKHI MANDIR, P.S. BAISHYA, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, A KALITA,A SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 17.09.2025 1. Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition under Section 483 of the BNSS, 2023 has been Page No.# 2/4 filed by the accused petitioner, namely, Jogesh Chandra Baishya, who is stated to have been arrested in the case and in pre-trial detention since 28.08.2025 and has prayed for grant of bail in connection with CID PS Case No.28/2018 under Sections 120(B)/409 IPC. 3. The case arose out of an FIR dated 12.10.2018, lodged by police officer pursuant to an enquiry into alleged irregularities and financial misappropriation with regard to funds under IAY within jurisdiction of Nalbari district. Several allegations have been made and several accused named, including the present accused named above. 4. Though the case was registered in 2018, investigation is still in progress and the present accused was arrested on 28.08.2025 as mentioned above. 5. In the forwarding report pertaining to the accused upon his arrest during investigation, it is stated that at the relevant time, he was Branch Manager of Central Bank of India, Dolibari Branch, Kamrup and he in criminal conspiracy with other accused persons paid the amount from government fund knowing that the bearer cheques are forged. 6. Mr. Biswas, learned counsel for the petitioner submits that the accused was arrested seven years after registration of the case; that he is aged 70 years; that the case being based on documentary evidence, most of the documents have been seized; that, the present accused has already retired from service and therefore, there should be no possibility of the accused being in a position to tamper with documentary evidence. 7. It is also submitted that out of the four accused persons Page No.# 3/4 forwarded along with the present accused, the remaining three have already been enlarged on bail. 8. On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor for the State opposing the bail submits that case diary has been received and from the case diary, there are implicating materials against the present accused as well. It is further submitted that the present accused as a Branch official passed photocopies of cheques, resulting in the illegal disbursement of money. 9. The voluminous case diary has been placed before me and I have perused the relevant portions thereof. There has been significant progress in the investigation. The forensic report mentions about the examined cheque leaves being fake. Thus, there is no doubt about seriousness of the allegations and the investigation has also implicated the present accused. However, as submitted by the learned Additional Public Prosecutor for the State, large volumes of documents have already been seized during investigation. The accused is aged 70 years and the co-accused forwarded along with him has already been granted bail. 10. There has been substantial progress in the investigation and forensic report also been received. Therefore, despite the adverse materials, in view of the aforementioned factors – the present accused can be granted bail at this stage. 11. Accordingly, the above-named accused petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one Page No.# 4/4 surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall render co-operation to the remaining investigation; (ii) That the accused shall not try to influence any witnesses; (iii) That the accused shall not hamper or tamper with evidence. 12. In case of violation of any of the bail conditions, the prosecution would be at liberty to move an appropriate application for cancellation of the bail. 13. Return back the case diary. 14. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant