Page No.# 1/4 GAHC010216552025 2025:GAU-AS:14467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2329/2025 SUDIP SARKAR S/O LATE A SU RANJAN SARKAR R/O SRI PALLY VIDYA MANDIR, UTTAR KRISHNAPUR PART-II,P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN- 788006 VERSUS THE STATE OF ASSAM BEING REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S P CHOUDHURY, MS. M BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-10-2025 Heard learned counsel Mr. S.P. Choudhury for the petitioner Sudip Sarkar, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in Page No.# 2/4 connection with Karimganj Police Station Case No. 756/2022 under Section 120(B)/409/420 of Indian Penal Code, 1860. 2. Also heard learned Additional Public Prosecutor Mr. P.S. Lakhar for the respondent State. 3. The FIR unfolds that the petitioner Sudip Sarkar was entrusted as Member Secretary-cum-Technical Member of the Construction Committee constituted vide notification dated 18.09.2021 and notification dated 08.12.2021 and subsequently, vide Office Order dated 02.11.2020 and 27.01.2022 to execute the schemes under MLAADS 2019-2020 and 2021-2022 for 3 numbers and 6 numbers of schemes, respectively (The list of the schemes has been enclosed along with the FIR). 4. It is further alleged that the petitioner has not executed the schemes proportionate to the funds released for the schemes amounting to Rs.53.124 Lacs and almost the entire amount of funds has been withdrawn from the bank account, misguiding the authority. Further, the BDO, Lowairpoa Development Block also intimated some schemes under different programme entrusted to the petitioner for execution but till date no report about the status of the works and utilization of the funds have been received from the petitioner. 5. Learned Additional Public Prosecutor has raised objections stating that earlier the petitioner's prayer for anticipatory bail has been rejected by this Court. 6. It is submitted on behalf of the petitioner that the petitioner has filed this petition on change of circumstances. Earlier, the petitioner had cooperated with Page No.# 3/4 the investigation but a report was forwarded by the I.O. that he had not cooperated with the investigation. Now, it is submitted that the Case Diary will clearly reveal that the petitioner has cooperated with the investigation. 7. I have scrutinized the Case Diary. It is true that the FIR was lodged way back in 2022. 8. It is also further submitted by the Additional Public Prosecutor that there are some materials against the petitioner in the Case Diary. 9. A scrutiny of the Case Diary reveals some materials in the Case Diary against the petitioner. However, I have considered the progress of the investigation. Investigation has progressed substantially. The petitioner has pledged to cooperate with the remaining part of investigation and to appear before the I.O. as and when necessary. 10. The petitioner has also appeared before the I.O. and his statement has been recorded earlier. 11. It appears that bail may be granted to the petitioner. 12. Considering all aspects, petition is allowed. 13. In the event of his arrest, the petitioner shall be enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioner shall cooperate with the remaining part of investigation; Page No.# 4/4 (ii) the petitioner shall submit any document if required by the Investigating Agency; (iii) the petitioner shall appear before the Investigating Officer as and when the petitioner’s cooperation is required in the investigation; (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission, (v) the petitioner shall not tamper with the evidence; (vi) the petitioner shall refrain from such activities with which he is alleged. 14. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 15. In terms of the above observation, this Anticipatory Bail Application stands disposed of. 16. Send back the Case Diary. JUDGE Comparing Assistant