AB 2705/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant bail application is filed by the petitioner, Bhogeswar T iwari, a police officer, under Section 438 CrPC for granting him pre-arrest bail in the event of his arrest in connection with CID PS Case No.67/2011 u/s 120(B) /420/409 IPC read with Section 13(1)(c)(d)/2 of the Prevention of Corruption Act . This Court on 1.9.2011, after hearing the parties, called for the case d iary fixing 9.9.2011 and also granted interim bail on furnishing bail bond of Rs .25,000/- with 1 local surety of the like amount to the satisfaction of the arr esting authority. On 9.9.2011, the case diary could not be produced by the learn ed Public Prosecutor. Today, when the matter is taken up, the case diary is pro duced. Mr. A Choudhury, learned counsel for the petitioner while urging for bai l submits that admittedly the petitioner collected an amount of Rs.2,94,000/-, a s instructed by the Commandant of 5th Assam Police Battalion for the purpose of organizing ’Borakhana’ (Farewell Dish) and the money was handed over to the diff erent persons for utilization of the money, as instructed. He further submits t hat the petitioner is a police personal and there is no possibility of abscondin g or tampering of evidences, if any, moreso, when the prosecution case is wholly based on the documentary evidence. Mr. K.Munir, learned Addl. Public Prosecutor, in his usual fairness subm its that the petitioner is admittedly a police personal and he has collected the amount of Rs.2,94,000/- for the ’Farewell Dish’, as instructed by the superior authority. He also submits that the investigation is almost complete and the ca se of the prosecution is based on documentary evidence, as it appears from the c ase diary. This Court has perused the case diary from which it appears that the pet itioner is a police personal and he has collected the aforesaid amount of Rs.2,9 4,000/- for organizing the ’Farewell Dish’ and the said amount was allegedly dis tributed to various persons as illegal gratification. Whatever may be the way o f disbursement, that is not the issue before us at present as the same would be decided at the time of trial. As one of the co-accused has already been granted bail, it would be proper for this Court to grant bail to the present petitioner also, as he is on interim bail. In view of above, it is directed that the petitioner, Bhogeswar Tiwari s hall be enlarged on bail in the event of his arrest in connection with the afore said CID PS Case No.67/2011 on furnishing bail bond of Rs.25,000/- with 1 local surety of the like amount to the satisfaction of the arresting authority subject to conditions that he shall appear before the Investigating Officer of the case as and when called for and he shall not leave the State of Assam without prior permission of the arresting authority. With the aforesaid order, the bail application stands allowed.