(1.) Heard Mr. M.K. Choudhury, learned Senior counsel, assisted by Ms. Moushumi Das, learned counsel for the petitioner. Also heard Mr. B.Sarma, learned Additional Public Prosecutor, Assam for the State.
(2.) Apprehending his arrest, the petitioner, namely, Siddharth Narayan Sarker, has filed this application under Section 438 Cr.P.C. seeking pre arrest bail in Murajhar Police Station Case No. 203/2019 registered under Sections 120B/420/406/468/409/471 IPC, corresponding to G.R. Case No. 1248/2019. The petitioner is one of the FIR named accused.
(3.) The Regional Manager, State Bank of India, Regional Business Office (RBO in short), Nagaon on 03.06.2018 lodged an FIR before the Officer-in-Charge of Murajhar Police Station against the petitioner and 17 (seventeen) others stating that on the basis of CBI's letter dated 01.06.2018, an internal enquiry was conducted by the Bank relating to the KCC (Kissan Credit Card) Loan Accounts in the State Bank of India, Murajhar Branch, District-Hojai and in the enquiry, a fraud of Rs. 17.72 Crores was detected in such KCC loans. It is alleged that by opening several accounts on forged documents in the name of factious persons, without following the Bank norms, the accused persons involved in the case misappropriated the said public money. In the FIR, it is also stated that only a few KCC loan documents of the said Branch could be traced out. Those KCC loan accounts were processed, sanctioned and disbursed between the period from September, 2015 to August, 2018 and that amongst other accused persons of the case, the petitioner served as Deputy Manager in the said Murajhar Branch from 03.07.2017 to 06.08.2018, during which such public money was misappropriated from the said Branch.