AB 3109/2011 BEFORE THE HON’BLE MR JUSTICE H. BARUAH Heard Mr. K.P. Sharma, learned senior counsel assisted by Mr. H. Das, learned ap pearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam for the State respondent. Goalpara P.S. Case No. 378/2011 u/s. 403/409/420/34 IPC came to be registered o n the basis of an information in writing lodged with the officer in-charge of th e Goalpara P.S. on 18th of September, 2011 by one P.B. Chetri, ACS, I/c Block De v. Officer Kharmuza Dev. Block wherein it is alleged that the petitioner herein in connivance with one Amarendra Choudhury, a Junior Engineer, PD, of the DRDA, Lakhipur had misappropriated a huge amount of money meant for implementation of the scheme like construction of Rajiv Gandhi Seva Kendra building at Kharmuza D ev. Block. The case aforesaid being registered as such, the petitioner apprehen ding arrest in connection with the aforesaid case filed this petition u/s. 438 C r.P.C. to provide him pre-arrest bail in view of the grounds contended in the p etition. Mr. K.P. Sharma, learned Sr. counsel in support of the petition submits that th e allegation of misappropriation of money as alleged in the FIR does not have an y basis since the allegation has been made after a considerable lapse of time i. e. about one year later during which time some other BDOs were in the office. It is also submitted by Mr. Sharma that there is no foundation of the allegation s ince no enquiry has been made for such alleged misappropriation of money of the scheme. In the facts and circumstances of the case Mr. Sharma, learned Sr. couns el appearing for the petitioner submits that this is a fit case where pre-arrest bail to the petitioner can be granted. Controverting the submissions, Mr. B.B. Gogoi, learned Addl. P.P. Assam taking n ote of the materials available in the C.D., submits that the Investigating Offic er during investigation seized some vouchers wherein misappropriation of some a mount has been indicated. It is further stated that till date no enquiry was mad e in respect of the alleged mis-appropriation of the money for the scheme. He ha s also submitted that till date the construction remains incomplete. For the con struction of Rajiv Gandhi Seva Kendra building at Kharmuza Dev. Block an amount of Rs. 16,06,488.00 had been withdrawn. The factum of withdrawal of the aforesa id amount and misappropriation a portion therefrom, unless an enquiry is made c an not be ascertained. By placing some vouchers it would not be proper to say th at the money had been misappropriated by the petitioner herein in connivance wit h the Junior Engineer of the Block. Taking note of all the facts and circumstances in its entirety and the materials available on record this court finds no cogent ground to reject the application of the petitioner herein. Hence, this petition is allowed. Accordingly, it is provided that in the event of arrest, the petitioner in case referred to above s hall be released on furnishing a bond of Rs. 25,000/- with one local surety of t he like amount subject to satisfaction of arresting authority with the following conditions that the petitioner shall appear before the I.O. within a period of 7 (seven) days from today in order to facilitate the investigating officer to r ecord his statement. The petitioner also shall not leave the jurisdiction of the learned Court concerned without prior permission and shall assist the I.O. as a nd when required in connection with the case. The bail petition stands disposed of.