Page No.# 1/6 GAHC010133742026 2026:GAU-AS:9984 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1765/2026 ANURADHA ADHIKARI SARMA W/O ATANU PRASAD SARMA, R/O BHAGADUTTAPUR, KAHILIPARA, GUWAHATI, P.S. DISPUR, PIN 781019, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A M BORA, MR. V A CHOWDHURY,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 21-07-2026 Heard Mr. A M Bora, the learned Senior Counsel assisted by Mr. V A Chowdhury, the learned counsel appearing for the accused/applicant. Also heard Mr. B Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/6 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for release of the accused/applicant, namely, Anuradha Adhikari Sarma in connection with A.C.B. P.S. Case No. 30/2023 u/s 120(B)/406/409 IPC read with Sections 13(1)(a)/13(2) of the P.C. Act, 1988. 3. An FIR was lodged on 21.09.2022 by the Managing Director of AFDC Limited contending that a team of Directorate of Financial Inspection, Govt. of Assam had indicated various financial irregularities and misappropriation of AFDC fund, after verification of official records of AFDC Limited. After receipt of the report, the Managing Director conduced an internal enquiry and found the following officials of AFDC Limited involved in the following works during the relevant period of time i.e. from 2019 to 2021:- 1. Rs. 27,08,719.00 (Rupees twenty seven lakh eight thousand seven hundred nineteen) were fraudulently siphoned off in the name of preparing detailed project report for submitting to National Fisheries Development Board without any instruction from their end. The name of the officials involved are:- i. Naren Chandra Basumatary, ACS, Ex Managing Director ii. Padma Kanta Hazarika, OSD/project Director (Retd.) iii. Jyotish Saikia, Executive Engineer iv. Birinchi Adhikary, Asst. Executive Engineer v. Sabaruddin Ahmed, Asst. Engineer 2. Loss of Rs. 1,53,84,517,00 (Rupees one crore fifty three lakh eighty four thousand five hundred seventeen) due to settlement of Beel Fishery without adhering any principle of Govt. of Assam in the name of Model Page No.# 3/6 Beel as the officials ought to settle through tender process by giving direct settlement. The officials responsible for these loss are:- i. Anuradha Adhikari Sarma, ACB, Ex Managing Director ii. Padma Kanta Hazarika, OSD/Project Director (Reid) iii. Rabindra Nath Deka, Asst. Technical Officer (Retd) iv. Bhagirath Das, Project Manager (Retd). 3. Transfer of Rs. 11,98,48,619.00 (Rupees eleven crore ninety eight lakh forty eight thousand six hundred nineteen) were made without inviting any tender of the development works to various persons in the name of Stake Holder. It was also mentioned that out of the aforesaid amount regarding siphoning of Rs. 27,82,600.00 (twenty seven lakh eighty two thousand six hundred) in respect to Barbila Beel Fishery of Nalbari district a criminal case has already been registered vide Belsar PS case no. 162/22 under section 34, 409, 420 IPC. The said case was filed after receiving reports from Deputy Commissioner of non-proper execution of the said work. The following officials are found to be involved:- i. Naren Chandra Basumatary, ACS, Ex Managing Director ii. Anuradha Adhikari Sarma, ACS, Ex Managing Director iii. Padma Kanta Hazarika, OSD/project Director (Retd) iv. Jyotish Saikia, Executive Engineer v. Jyoti Prasad Saikia, Asst. Executive Engineer vi. Birinchi Adhikary, Asst. Executive Engineer. 4. On receipt of the aforesaid FIR the Officer-in-Charge of A.C.B. police station has registered A.C.B. P.S. Case No. 30/2023 u/s 120(B)/406/409 IPC read with Sections 13(1)(a)/13(2) of the P.C. Act, 1988 on 03.05.2023. Page No.# 4/6 5. Another FIR had been lodged before the Officer-in-Charge of CID, Ulubari, Guwahati on 23.09.2022 alleging inter alia that during the period of 2019 to 2021, 222 nos. of persons were recruited in AFDC Limited and the Board of Directorate of AFDC Limited had detected those recruitments were made without proper approval from Govt. of Assam. It was also alleged that it was found that these appointments were made without any advertisement and interview and due to which an enquiry was conducted. It was alleged that 217 nos. of appointees thereafter were terminated from their services. It was alleged that during the said period of time, i.e. 2019 to 2022, Sri Naren Chandra Basumatary, ACS (from (28.05.2019 to 23.03.2020) and Mrs. Anuradha Adhikari Sarma, ACS (from 23.03.2020 to 15.12.2021) acted as Managing Director from AFDC Limited who were the Appointing Authorities of those illegal recruitment. It was alleged that apart from the aforesaid two persons the signature of Sri Padma Kanta Hazarika (Retd), then Officer on Special Duty (OSD) cum Project Director (PD) was found in some of the appointment letters issued to the appointee. It was alleged that vide the aforesaid acts the accused/persons being public servants entrusted with the fund of AFDC Limited had misused a huge amount of the said fund and thereby, violated Section 7 of AFRBM Act. 6. On receipt of the FIR, CID Case No. 17/2022 was registered u/s 120(B)/420/467/468/471/409 of IPC on 27.09.2022 and later on Section 8 of AFRBM Act, 2054 was also added. 7. In relation to the FIR dated 03.05.2023 registered as A.C.B, P.S. Case No. 30/2023, the accused/applicant was apprehended on 26.05.2026 and she was produced before the Trial Court on 26.05.2026 where on she was given 5 days police custody. The accused/applicant was produced before the Trial Court on 30.05.2026 and thereafter, the accused/applicant is behind the bars since then. Page No.# 5/6 8. In respect of the CID Case No. 17/2022, the Investigating agency in CID shown the accused/applicant arrested on 06.06.2026. When the accused/applicant approached the learned CJM, Kamrup (M) for releasing her on bail, she was allowed to go on bail, vide order dated 19.06.2026. 9. Mr. A M Bora, the learned Senior counsel appearing for the accused/applicant has submitted that the accused/applicant has already spend 57 days behind the bars. He has submitted that the investigation in the instant case has travelled quite a distance and is on the verge of completion and during that time, all relevant documents and other materials required during the investigation, have already been seized and collected by the Investigating Authority. He has submitted that in view of the aforesaid status of the investigation and since the accused/applicant has already been spent 57 days behind the bars, further custodial detention of the accused/applicant, who is a lady, may not be required in the instant case. Therefore, he prays that the accused/applicant should be granted bail at this stage. 10. Mr. Sharma, the learned Addl. PP has fairly submitted that investigation in the instant case has progressed a lot and necessary materials and documents have already been collected by the Investigating Authority. 11. Though the Case Diary in the instant case was called for, same is yet to be received. However, taking into account the submissions made by the counsel appearing for the respective parties and the length of detention of the accused/applicant in judicial custody, this Court is of the considered opinion that the accused/applicant should be granted bail at this stage. 12. Accordingly, it is directed that the accused/applicant shall be released on bail on furnishing a bond of Rs. 1,00,000/- (Rupees One lakh) only with one Page No.# 6/6 surety of like nature to the satisfaction of the learned Special Judge, Assam. The accused/applicant, namely Anuradha Adhikari Sarma, be enlarged on bail, subject to the following conditions:- (i) that the accused/applicant shall cooperate in the investigation and shall make herself available as and when called for by the Investigating Officer; (ii) that the accused/applicant shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the accused/applicant shall provide the details of her Adhar Card, PAN Card and Passport to the Investigating Officer. 13. In terms of the aforesaid direction, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant