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/2782/2024 DHIRAJ BARMAN S/O ANIL KUMAR BARMAN R/O BIRKUCHI NARENGI P.S. NOONMATI GUWAHATI-781026 DIST. KAMRUP (METRO) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A CHAUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.01.2025 1. Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. 2. This anticipatory bail has been filed by the petitioner, namely, Dhiraj Barman, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in connection with BI (EO) P.S. Case No. 06/2024 under Section 120(B)/420/406/409 of the Indian Penal Code, 1860. 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 petitioner, 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 Page No.# 3/4 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 It is also alleged that after detection of the embezzlement, an amount of total Rs. 28 lakhs, which was fraudulently withdrawn from the SHG accounts have been returned back to the account of the borrowers by way of cash/transfer/NEFT/RTGS. 5.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Crore Twenty Five Lakh Twenty Nine Thousand Six Hundred Fifty Seven and Seventeen Paise only) has been withdrawn through unauthorized and unlawful transactions on various dates. 6. The learned counsel for the petitioner has submitted that the petitioner was granted interim anticipatory bail by this Court, by order dated 21.10.2024, and in pursuant to the directions of this Court, he has appeared before the Investigating Officer and has co-operated in the investigation. He submits that as the petitioner is co-operating in the investigation, his custodial detention may not be necessary and his interim anticipatory bail may accordingly be made absolute. 7. 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 and has submitted that the petitioner has appeared before the Investigating Officer and his statement under Section 180 of the BNSS has been recorded by the Investigating Officer. 8. It also appears from the Case Diary that there is no indication Page No.# 4/4 therein, as to whether the custodial detention of the present petitioner is necessary for investigation or not. As the petitioner has complied with the directions of this Court and has co-operated in the investigation, the interim anticipatory bail granted to him, by order dated 21.10.2024 is hereby made absolute with following conditions:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 9. Send back the Case Diary. 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant