Page No.# 1/6 GAHC040003382026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/22/2026 Aditya Hazarika Son of Tulashi Hazarika, a permanent resident of near Gosal Pathar LP School, Bihpuria Gosai Pathar No.1, Lakhimpur, Assam 784161 and presently working as Branch Manager at Slice Bank, Dhemaji, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mitem Ratan, K Tagyang,Jumge Karbak,Lokam Tadam,Idak Bam,Punyo Harming Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 10.04.2026 Heard Mr. M. Ratan, learned counsel for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State respondent. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of privilege of pre-arrest bail to the accused/applicant, namely, Shri Aditya Page No.# 2/6 Hazarika, in connection with Naharlagun P.S. Case No. 20/2026, under Sections 61(1)/ 319(2)/316(4)/318(4)/3(5) of BNS, 2023. 3. This case emanates from an FIR lodged on 23.12.2025 by Shri Abhijit Sutradhar, Branch Manager, Axis Bank Limited, Naharlagun Branch, alleging, inter alia, that one Mili Jaju had availed a personal loan of Rs. 11,62,000/- from Axis Bank in June, 2023. The loan was sanctioned as per the policy and product norms of the Bank. Subsequently, an alert was received from ICICI Bank indicating that they were investigating a suspected personal loan obtained in the name of Mili Jaju, who had already expired and the said individual also maintained a relationship with Axis Bank. It is further alleged that at the time of applying for the loan, the borrower projected himself as a salaried employee and mentioned his employer as the “Directorate of Higher and Technical Education.” Upon verification, the salary slip was found to be fake, as no such employee was found to be working in the said office. The IDBI Bank statement, submitted as proof of salary credit, was also found to be manipulated. Field verification conducted at the residential address revealed that the said Mili Jaju had, in fact, passed away in the year 2021. Further inquiry disclosed that one Milli Mamik was the actual beneficiary of the loan amount disbursed in the name of the deceased. The loan amount was credited to the Axis Bank savings account of Mili Jaju, from where the funds were diverted/transferred to the SBI account of Milli Mamik, out of which an amount of Rs. 70,000/-, along with some other amounts, was transferred to the account of the present applicant, Shri Aditya Hazarika, who was an employee of Axis Bank. It is also alleged that the source of funds used for foreclosure of the said loan account was facilitated by the present applicant, who was serving as BRO at Naharlagun Branch at the time of sourcing of the loan and was later posted as Operations Head at Seppa Page No.# 3/6 Branch when the loan account of the deceased customer was foreclosed through Milli Mamik. On the basis of the aforesaid allegations, Naharlagun P.S. Case No. 20/2026, under Sections 61(1)/ 319(2)/316(4)/318(4)/3(5) of BNS, 2023, has been registered. 4. Apprehending arrest in connection with the aforesaid case, the present application has been filed seeking the privilege of pre-arrest bail. 5. Mr. M. Ratan, learned counsel for the accused/applicant, submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant had no role in the sanction, processing or verification of the loan in question. At the relevant time, he was serving as Operations Head at Axis Bank, Seppa Branch and earlier as BRO at Naharlagun Branch and was never posted at the branch where the loan was sanctioned, i.e. Doimukh Branch. He submits that the allegation that the loan was obtained in the name of a deceased person is incorrect, as the death certificate shows that the borrower died in February, 2024, i.e., after the loan was sanctioned. More so, the alleged monetary transactions between the applicant and Milli Mamik were purely personal in nature and unrelated to the loan transaction. He further submits that the applicant is presently serving as Branch Manager at Slice Bank, Dhemaji, Assam, and there is no likelihood of his absconding and he will fully cooperate with the investigation as and when required. 6. Mr. D. Loyi, learned Public Prosecutor, on the other hand, while opposing the prayer for pre-arrest bail, submits that there are sufficient incriminating materials in the Case Diary indicating the direct involvement of the present accused/applicant. He submits that during investigation it has been revealed Page No.# 4/6 that one Shri Milli Mamik procured a loan in the name of his deceased brother, Late Shri Milli Jaju, by forging signatures and submitting fabricated documents before Axis Bank, Naharlagun. The present applicant, Shri Aditya Hazarika, who was then serving as BRO, assisted in procuring the loan despite having knowledge of the death of the said borrower by using forged documents. The loan amount of Rs. 11,62,000/- was disbursed into the account of the deceased, out of which Rs. 9,00,000/- was transferred to the account of Shri Milli Mamik, thereby establishing him as the real beneficiary. Out of the said amount, a sum of Rs. 1,70,000/- was allegedly transferred to the account of the present applicant. He further submits that the investigation is still under progress and if the applicant is granted pre-arrest bail, there is every likelihood of tampering with evidence or influencing witnesses. Therefore, he submits that custodial interrogation of the applicant is necessary for a fair investigation and for identifying the involvement of other bank officials and accomplices in the commission of aforesaid offences. 7. Considered the submissions of learned counsel for the parties and also perused the Case Diary. 8. A case has been registered, being Naharlagun P.S. Case No. 20/2026, under the aforesaid sections of the BNS, 2023, pursuant to the FIR lodged by Shri Abhijit Sutradhar. The allegations pertain to fraudulent procurement of a loan in the name of a deceased person by using forged documents and diversion of funds to the co-accused, with alleged involvement of the present applicant. 9. This Court, by order dated 11.03.2026, granted interim pre-arrest bail to the present accused/applicant. Pursuant thereto, the accused/applicant has appeared before the Investigating Officer, his statement has been recorded and Page No.# 5/6 on his arrest, he has been released on interim bail in terms of the said order. 10. From the statement of the present accused/applicant recorded under Section 180 of the BNSS, 2023, it is seen that the applicant has, inter alia, admitted his acquaintance with the co-accused and his role in forwarding the loan documents, which were allegedly forged and facilitating the processing of the loan. It is also seen that the applicant received a sum of Rs. 1,70,000/- in connection with the said transaction and had advised the co-accused regarding procurement of a death certificate reflecting a different year of death. 11. From the statement of co-accused Shri Milli Mamik recorded under Section 180 of the BNSS, 2023, it is seen that he has implicated the present applicant in suggesting and facilitating procurement of the loan in the name of the deceased and in receiving monetary consideration for the same. 12. Upon consideration of the materials available in the Case Diary, including the statements of the accused/applicant and the co-accused recorded under Section 180 of the BNSS, 2023, this Court finds that although certain allegations have been made indicating the involvement of the present accused/applicant, the same are primarily based on documentary evidence and statements already recorded during the course of investigation. At the same time, it is also noticed that the accused/applicant has already appeared before the Investigating Officer pursuant to the interim protection granted by this Court and has cooperated with the investigation. Further, the alleged transactions are traceable through banking channels and the relevant documents are already in the custody of the investigating agency. As such, this Court is of the view that custodial interrogation of the accused/applicant may not be necessary for the purpose of further investigation. Page No.# 6/6 13. Accordingly, the accused/applicant, namely, Shri Aditya Hazarika, is granted with the privilege of pre-arrest bail in connection with Naharlagun P.S. Case No. 20/2026, under Sections 61(1)/ 319(2)/316(4)/318(4)/3(5) of BNS, 2023. Consequently, the interim bail granted to the accused/applicant vide order dated 11.03.2026 is hereby made absolute in the same terms and conditions. 14. The anticipatory bail application stands disposed of. 15. Case Diary be returned. JUDGE Comparing Assistant