Page No.# 1/2 GAHC010015702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./206/2025 PINKU DEKA S/O JAMINI DEKA, REIDENT OF SAILAKATHIATHE SUPA, PO AND PS SARTHEBARI, DIST BARPETA, ASSAM 781307 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. A LAL, MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025 Heard Mr. A. Lal, the learned counsel appearing for the petitioner as well as Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Pinku Deka has prayed for releasing him on bail after he was arrested in connection with Bhangagarh P.S. Case No. 182/2024. Page No.# 2/2 3. The Branch Manager of SIS Cash Service Private Ltd. lodged an FIR stating that it was not involved in replenishing ATMs’ cash services and vaulting service to various Banks. According to the police, after an audit, it was found that their employees Bidyut Bikas Deka and Sanjit Paul were the custodian and were entrusted with duty of cash replenishment in the Automate Teller Machines (ATMs) and they had in that way misappropriated an amount of ₹47,54,500/-. Bidyut Bikas Deka and another person are on the run and they are not available. 4. The present petitioner was arrested by police on the ground that he made frequent telephonic calls to Mr. Bidyut Bikas Deka. 5. Mr. Lal submits that the present petitioner belongs to the same village, where Bidyut Bikas Deka and Sanjit Paul reside and they are friends. 6. Mr. Goswami has submitted that on one occasion the present petitioner had deposited an amount of ₹5 lakh in the Axis Bank. 7. The petitioner claimed that he received the said money from Bidyut Bikas Deka. 8. The petitioner has already spent 35 days in judicial custody. 9. I have considered the submissions made by the learned counsels of both sides. 10. This Court is of the opinion that the petitioner no longer deserves to be detained in custody. His bail application is allowed. 11. It is hereby directed that the petitioner, Pinku Deka, who was arrested in connection with Bhangagarh P.S. Case No. 182/2024, shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. 12. It is further directed that the Axis Bank shall not allow withdrawal of ₹ 5 lakh from the bank account of the petitioner until further order. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant