ORDER

Date : 16-10-2021 Heard Mr. AM Bora, learned senior counsel for the petitioners assisted by Ms. K Jain, learned counsel. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Sumit Jain and 2. Firoz Akhtar Churihar, in connection with Panbazar Police Station Case No. 489/2021 registered under Sections 120(B)/408/409/468/471 of the IPC.

Perused the petition as well as the annexures furnished therewith including the copy of the FIR.

The fact of the case is that, an FIR was lodged by one Sri Bhadreswar Barman claiming himself to be the President of Nagarik Suraksha Mancha with its head office at Abhayapuri, Bongaigaon. It has been alleged in the FIR that the 8 (eight) accused persons, named therein, have misappropriated huge amount of money of the Industrial Cooperative Bank Limited, Guwahati and also there is manipulation in the database using two servers. There is also allegation of payment of remuneration to some of the accused persons who are not entitled to such remuneration. The accused persons, who are named in the FIR, are Managing Director, Chairman, Vice Chairman, etc holding senior positions in the Bank.

It has also been specifically mentioned in the FIR that they have committed the offences alleged in the instant case in the manner specifically mentioned in the FIR. The contents of the FIR itself is indicative of the role played by each of the accused persons, named in the FIR. The present petitioners, as appears from the materials on record, are said to have collected signatures, etc of Field Level Executives and thereafter money from the accounts of Field Level officers were siphoned out by the accused-petitioners, named in the FIR.

A co-ordinate Bench of this Court, vide orders dated 06.10.2021, passed in AB No. 2940/2021 and AB No. 2941/2021 has clearly indicated that the case is entirely based on documentary evidence and the documents have already been seized. The said orders, passed by the co-ordinate Bench, has also referred to the various points raised by the learned counsel for the petitioners therein.

I have considered those points also while considering this application for bail.

On consideration of the materials on record as well as the aforesaid two orders placed before this Court, this Court is of the view that the present petitioners are said to have collected signatures of Field Level Executives and thereby assisted the accused persons, named in the FIR, in committing the offences alleged. When the principal accused persons are granted pre-arrest bail by a co-ordinate Bench of this Court, further custodial detention of the present petitioners does not appear to be necessary they being not the alleged principal accused. Therefore, they are granted bail.

Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 20,000/- each with a suitable surety each of the like amount, to the satisfaction of the learned jurisdictional Chief Judicial Magistrate.

The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of the learned jurisdictional Chief Judicial Magistrate, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case; and (c) 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 him from disclosing such facts to the Court or to any police officer The petition stands disposed of accordingly.

JUDGE

Comparing Assistant