AB 2623/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner, Md Baharul Islam, praying for bail, apprehending his arrest, in connection with Rupahihat PS Case No. 338/11 under Section 161 IPC. Heard Mr. A. Sarma, learned counsel for the petitioner and Mr. B S Sinha, learned Addl. PP, Assam. The case diary has not been produced despite repeated requisitio n. The prosecution case is that the petitioner has illegally deduct ed a sum of ‘ 8000/- from the informant who has sanctioned a sum of ‘ 38,500/- u nder the IAY scheme. Learned counsel for the petitioner submitted that the alleged o ffence was committed in the year 2008-09. In this way, an FIR has been lodged af ter two years. Besides this, it was mentioned that the money is sanctioned by the BDO and the payment is made through cheques and as such there is no scope of deducting a sum of ‘ 8,000/-. It was also submitted that the petitioner is In-c harge Secretary of the Gaon Panchayat and a false FIR has been lodged at the in stance of the political persons. Considering all these aspects of the matter, the prayer for bai l is accepted and the interim bail granted on 29.11.2011 is hereby made absolute . With the aforesaid directions, the bail application stands dispo sed of.