Page No.# 1/3 GAHC010160542026 2026:GAU-AS:12349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2209/2026 SHRI KAMAL SAIKIA S/O LATE NOGEN SAIKIA RESIDENT OF NATUN NIRMALI GAON, P.O. CR BUILDING, P.S. AND DISTRICT DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P BORA, MS K BHATTACHARYYA,A R PAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.08.2026 Heard Mr. P. Bora, the learned senior counsel assisted by Ms. K. Bhattacharyya, the learned counsel for the petitioner and Mr. B. Sharma, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Page No.# 2/3 Dibrugarh Police Station Case No. 40/2026, registered under Section 316(5) of the BNS, 2023. 3. The FIR in connection with which the petitioner was arrested was lodged on 12.02.2026, lodged by Sri. Prasanna Kalita, Inspector of Posts, Dibrugarh Sub Division, stating inter alia that in the year 2023, a case of defraud was detected at Mohanaghat Sub Post Office. It was alleged that verification and inquiry was conducted and a sum of Rs. 15,28,596/-(Rupees Fifteen Lakh Twenty-Eight Thousand Five Hundred Ninety-Six only) was found to the misappropriated and out of the same, Rs. 10,84,035/- (Rupees Ten Lakh Eighty- Four Thousand Thirty-Five only) has been recovered from the identified offender, i.e. the petitioner. It was further alleged that one Kamal Saikia, the then Sub-Post Master (SPM) of Mohanaghat, was identified as the principal offender, along with other co-offenders, and therein 4 (four) co-offenders were named. 4. The learned Senior Counsel appearing for the petitioner, submits that initially it was the petitioner who had informed about the miss-appropriation of money in Mohanaghat Sub Post Office, while he was working as the Sub Post Master (SPM) and the said information was given on 12.10.2023 and that, the petitioner was put under suspension and for revoking his suspension, he although was not involved in the offence gave Rs.10, 84,035/-(Rupees Ten Lakh Eighty-Four Thousand Thirty-Five only). He as such submits that, he was no way involved in the said offence. 5. Mr. B. Sharma, learned Addl. Public Prosecutor for the State, however, submits that there are statements made by the independent witnesses that Page No.# 3/3 while the petitioner was working as the Sub Post Master (SPM), his juniors involved themselves in miss-appropriating the said amount of money. 6. Upon consideration of the submissions made by the learned counsels and moreso, in view of the long detention of the petitioner and also with regard to the fact that it was the petitioner, who had first intimated the police authorities about the said offence, this court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/-(Rs. Twenty Thousand) with one local surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Dibrugarh, under the following conditions : (i) He will appear before the Investigating Officer as and when called for. (ii) He will not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case. (iii) He will not leave the residence without the permission of the Investigating Officer. 7. The bail application stands disposed of. JUDGE Comparing Assistant