AB 4063/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. H.R.A. Choudhury, learned senior counsel appearing for the petitioners and Mr. B.B. Gogoi, learned Addl. P.P. appearing for the State respondent. This is an application under Section 438 CrPC, seeking pre-arrest bail in favour of the petitioners, namely (1) (1) Inamul Hoque and (2) Imdadul Hussain in conn ection with Bilasipara P.S. Case No.224 of 2010 under Sections 120(B)/406/409/46 8/471/506 IPC. Mr. B.B. Gogoi, learned Addl. P.P. by producing the case diary has apprised this Court regarding progress of investigation of the case. The complainant who is a resident of Hatipota Village Part-II under Hatipota G.P . has alleged that a scheme was approved for construction of road cum bundh from Bilasipara Puroni Bazar to Kajaikata Pt-II village char area under NREGA 2008-2 009. It has been alleged that as per the said scheme about two (2) years back the acc used-petitioners in collusion with other accused by violating the rules and regu lations of the NREGA scheme withdrawn money through false bills by forging the n ame of the construction works and thereby misappropriated huge amount of money. The first informant has also alleged that the required work was not carried out in terms of the scheme. On the basis of the FIR, investigation was launched. On perusal of the materials on record and the statement of the witness, it appea rs that the occurrence as alleged took place about three (3) years back. Apparen tly, where much of the evidence would be documentary evidence most of the witnes ses have been examined by the I.O. Some of the accused petitioners have also bee n interrogated by the police during investigation. The accused petitioner No.1 a nd 2 both are Government servant working as Junior Engineer in the Project. Ther e are no sufficient materials warranting custodial interrogation at this belated stage of investigation. Considering the nature and the gravity of the offence and the progress of the in vestigation of the case, I am of the considered view that the accused petitioner s can be extended the privilege of pre-arrest bail in connection with this case. Accordingly, the interim prayer of bail order granted by this Court on 8.12.201 1 is hereby made absolute. The bail application stands disposed of.