AB 2430/2011 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. K . Munir, learned Addl. P.P. Assam. The accused petitioner is apprehending arrest in connection with Abhayapuri P.S . Case No.153/2011 u/s. 108/120(B)/ 195/ 420/ 468/ 471/ 477(A)/409/201/34 IPC R/ W Section 8 (2) Assam Financial Responsibility Budget Act and 13(1) of P.C. Act. The Case Diary in connection with the aforesaid case was called for, for disposa l of bail application being A.B. No. 2122/2011 filed by one Sri Kandarpa Roy, a Senior Accountant of Tapattary Development Block who was also implicated in the same case and this Court by an order dated 20.07.2011 granted pre-arrest bail o n certain conditions. The present applicant was working as BDO in the said Development Block at the re levant point of time . He has now been transferred to Kharmoja Development Block , Goalpara. He has already joined at the said Development Block in the month of January, 201 1 and in the meantime he has been placed under suspension by Government order da ted 27.05.2011. Mr. K. Munir, learned Addl. P.P., Assam submits that there is a case of diversio n of government fund sanctioned by the government against some developmental sch emes and the said accused BDO has not completely mis-appropriated the fund allot ted by the government. He also submits that the diversion was made without the s anction of the government/ authority concerned. I have also perused the C.D. as produced by the learned Addl. P.P. today. The In vestigating Officer has already seized the connected documents. As stated earlie r a co-accused, namely, Kandarpa Roy who has been working as Senior Accountant i n the Development Block concerned at the relevant point of time and who has bee n implicated in the said case, has been enlarged on pre-arrest bail. Since the a ccused petitioner has already been placed under suspension and relevant document s have already been seized by the Police, in my considered view there is no chan ce of tempering with the documents and/or influencing the witnesses. The accused petitioner being a Block Development Officer, in my considered view, there is n o chance of absconding or jumping the bail if the same is granted to him. Considering the facts and circumstances of the case, I direct that in the event of arrest in connection with the abovementioned P.S. Case the accused petition er, namely, Sri Bishnu Jyoti Baruah, shall be enlarged on bail on executing bai l bond Rs. 50,000/- with two local sureties of the like amount subject to satisf action of the arresting authority on condition that he shall appear in person be fore the Investigating Officer concerned within a period of 5 (five) days from t oday for interrogation and recording his statement in accordance with law. Furth er it is provided that the accused petitioner shall appear once in a week before the Investigating Officer for a period of 2 (two) months and he shall not influ ence or intimidate the witnesses. The bail application stands allowed.