AB 2431/2011 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. 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 present accused petitioner is connected with misappropriation of fu nd allotted by the government. He also submits that the diversion was made witho ut the sanction 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. It is found that Shri Bishnu Jyoti Barua who was the BDO at the relevant point of time has been transferred to other place and also placed under suspension and all the rel evant documents have already been seized by Police. In my considered view there is no chance of tempering with the documents and/or influencing the witnesses b y the accused petitioner. Since the accused petitioner is a government servant, there is no chance of absconding or jumping the bail if the same is granted to h im. 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 Abdus Sattar Ali, shall be enlarged on bail on executing bail b ond Rs. 30,000/- with two local sureties of the like amount subject to satisfact ion of the arresting authority on condition that he shall appear in person befor e the Investigating Officer concerned within a period of 5 (five) days from toda y for interrogation and recording his statement in accordance with law. Further it is provided that the accused petitioner shall appear once in a week before th e Investigating Officer for a period of 2 (two) months. He shall not influence o r intimidate any witness while on bail. The bail application stands allowed.