Judgment · High Court

Perused the case diary. By this application, filed under Section 438 Cr. P.C., the petitioner na mely, Shri Dilip Kumar Sarma has prayed for pre-arrest bail, in connection with Chandmari P.S. Cse No. 484/2010 under Section 406 IPC. The petitioner is the Chairman of the Institute of the Management Commit tee (IMC) of ITI, Bongaigaon. The Central Government sanctioned an amount of Rs. 2.5 Crores against the Scheme, namely (cid:28)Upgradation of 1396 ITS’S under PPP (cid:29), du ring the tenure of the petitioner, the said interest free loan of Rs. 2.50 lakh s was released by the Central Government under the aforesaid Scheme and directly transferred to the IMC society. The said amount was required to be spent as per guidelines prescribed by the Government of India. In the FIR, it has been alleged that that the petitioner, in his capacit y as Chairman of the IMC of ITI, Bongaigaon misappropriated an amount of Rs. 90, 00,000/ by transferring Rs. 75,00,000/ to his personal account and Rs. 15,00,00 0/- in favour of the M/s Purbashree Enterprises, which belongs to the petitioner and another member of the Committed namely, Shri N.R. Phukan. It has also been alleged that the petitioner has diverted Rs. 145 lakhs by taki ng demand loan of Rs. 52.25 lakhs and Rs. 21.25 lakhs, by issuing demand of loa n in favour of Shri Sanjib Baruah. It has also been alleged that out of the enti re amount of Rs. 2.5 Crores, only Rs. 39 lakhs has been left in the current acco unt. Having heard the learned counsel for both the parties, considering the evidence collected by the Investigating Agency and the nature of allegations, brought aga inst the petitioner, I do not find it to be a fit case to extend the benefit of pre-arrest bail in favour of the petitioner. Accordingly, prayer for pre-arrest bail is rejected. Return the case diary. Bail application is dismissed. A copy of this order be furnished to the I.O. Chandmari P.S. Cse No. 484/2010 un der Section 406 IPC.