Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010170162026
2026:GAU-AS:11525
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1884/2026 MRS NIRMALI DAS W/O-MR. UJJALGOGOI,RESIDENT OF-VILLAGE- DAINIJANGAON,P.O- BARBARUAH, P.S- BARBARUAH, DISTRICT- DIBRUGARH, ASSAM,PIN-
786004. VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM, Advocate for the Petitioner : MR. N N B CHOUDHURY, MR N KALITA,MR. K KASHYAP Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 14.08.2026
Heard Mr. N. N. B. Choudhury, learned Senior Counsel, assisted by Mr. K. Kashyap, learned counsel for the accused applicant. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam and Mr. N. J. Dutta, learned counsel for the informant/victim.
2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused applicant in connection with Barbaruah P.S. Case No. 43/2026, registered under Sections 316(5)/318(4)/336(2)/340(2)/61(2)(a)/3(5) of the BNS, read with Section 13(2) of the Prevention of Corruption Act, 1988.
3. An FIR was lodged on 26.06.2026, alleging serious financial irregularities and suspected misappropriation of Government funds by one Shri Tanuj Sonowal, who was engaged as a Computer Assistant and was associated with the works of Bogibeel Gaon Panchayat and Dulia Kakoti Gaon Panchayat. The aforesaid allegations of financial irregularities and suspected misappropriation came to light during a Social Audit and subsequent departmental verification of records, wherein it was found that unauthorized IAY wage bills were generated in the names of beneficiaries whose IAY houses had already been completed and closed in the year 2017. Accordingly, it was suspected that financial irregularities involving an amount of Rs. 40,00,000/- (Rupees Forty Lakhs) had occurred in the transactions.
4. Mr. Choudhury, learned Senior Counsel for the accused applicant, submits that the accused applicant is an Assistant Accounts Officer in the office of the
Page No.# 3/4 Block Development Officer and that she is neither linked to the FIR nor involved in any of the offences narrated therein. He submits that the accused person, namely, Shri Tanuj Sonowal, has already been granted bail by this Court vide
order dated 13.07.2026. He further submits that all the documentary evidences required have already been seized and the allegations involve documentary evidences only. Therefore, he submits that the custodial detention of the accused applicant may not be necessary. Mr. Choudhury also submits that the accused applicant has already appeared before the I.O. of the case and her statement has also been recorded.
5. Per contra, Mr. Goswami, learned Addl. P.P., opposes the prayer for pre- arrest bail to the accused applicant.
6. This Court has taken into account the submissions advanced by the
learned counsel for the respective parties and, upon due consideration thereof, is of the opinion that the accused applicant should be granted pre-arrest bail.
7. Accordingly, in the event of arrest of the accused applicant by the Arresting Authority, she shall be released on pre-arrest bail on furnishing a bail bond of Rs. 40,000/- (Rupees Forty Thousand) with one surety of like nature to the satisfaction of the Arresting Authority, in connection with Barbaruah P.S. Case No. 43/2026 subject to the following conditions: i. That the accused applicant shall appear before the I.O. of the case within a period of 10(ten) days from today; ii. That the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Authority;
Page No.# 4/4 iii. That the accused applicant shall cooperate with the investigation and make herself available as and when called for; and iv. That the accused applicant shall not try to hamper or tamper with the investigation in any manner whatsoever.
8. In view of the aforesaid directions, the instant anticipatory bail application stands disposed. JUDGE Comparing Assistant