Biju Das and 2 Ors v. The State of Assam

ORDER

24.10.2024

¶1Heard Mr. B.D. Konwar, learned Senior Counsel for the petitioners (i) Biju Das, (ii) Hemanta Hazarika, and (iii) Mintu Das, who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 21.08.2024 in connection with Dispur Police Station Case No. 517/2024 under Sections 120(B)/403/420/406/409/477A of the Indian Penal Code, 1860.

¶2Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The FIR unfolds that the Hitachi Cash Management Services Pvt. Ltd. (HCMSPL for short) is a cash replenishment agency offering services of cash replenishment to bank ATMs. Along with cash replenishment, other services like cash transportation, cash management, ATM servicing etc. are also provided. It is alleged that in respect of the said services, the reconciliation team received debits for Rs.1,94,98,200/- (Rupees One Crore Ninety Four Lacs Ninety Eight Page No.# 3/5 Thousand and Two Hundred) from MSP regarding customer claims of multiple ATMs allocated to the custodians/ATM operators, who were handling the ATM's of MSP.

¶4An investigation was conducted when such huge transaction had surfaced and it was unearthed that the aforementioned amount of money was misappropriated by the custodians. It is averred that as per the process, the ATM operators load money in the ATMs as per the Managed Service Provider

(MSP) indent. After loading cash in the ATMs, the operators have to submit EOD reports of that particular day with all the supporting feedback relating to overage/shortage found during that particular day on a real-time basis as the operators are responsible for the management of the ATMs. It is contended that the ATM operators did not declare the overage amount and did not deposit the same to the company thereby committing misappropriation of funds. After a comprehensive audit, involvement of several ATM operators and the Branch Manager, Mr. Ajay Kumar Viswawkarma was unearthed. The name of the Branch Manager including the name of 54 (Fifty Four) such ATM operators has been mentioned in the FIR. The petitioners are ATM operators.

¶5It is submitted that in an omnibus manner, all these ATM operators have been roped in connection with this incident. The subject of the FIR clearly reveals that the Branch Manager is responsible for siphoning of the funds in a surreptitious manner. It is also submitted on behalf of the petitioners that the Branch Manager has already been arrested in connection with this case.

¶6Learned Additional Public Prosecutor has raised serious objection stating that the anticipatory bail petition of the petitioner i.e., Biju Das was earlier rejected after perusal of the Case Diary as there were incriminating materials in the Case Diary against the petitioner. Case Diary is necessary to consider the Page No.# 4/5 bail petition as this offence is of a serious nature.

¶7I have considered the submissions at the Bar with circumspection.

¶8The petitioners are behind bars since 21.08.2024.

¶9The Case Diary reveals that investigation has also progressed to a considerable extent. The relevant documents have been seized in connection with this case. There appears to be no apprehension of interpolation of documents, including digital documents.

¶10It appears that investigation may not be adversely affected if the petitioners are admitted to bail.

¶11Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs 50,000/- (Rupees Fifty thousand) each, with a local surety of like amount to the satisfaction of the learned CJM, Kamrup (Metro), Guwahati under the conditions that:

(i) the petitioners shall refrain from such activities with which they are alleged,

(ii) the petitioners shall not interpolate or tamper with the evidence,

(iii) the petitioners shall appear before the I.O. on every fortnight, till completion of investigation, and

(iv) the petitioners shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, bail order shall automatically stand cancelled. Page No.# 5/5

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010221832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3259/2024o BIJUoDASoANDo2oORSo S/OoLATEoSATYENDRAoNATHoDASo R/OoKRISHIoCOLLEGEoAREA,o KHANAPARA,oDIST.oKAMRUPo(METRO),oASSAMo PIN-781022o PH.o96784-24277 2:oHEMANTAoHAZARIKA oR/OoHOUSEoNO.o84 oSIXoMILEoCHACHAL oVIPoROAD oBYLANEoNO.o2 oP.S.oDISPUR oGUWAHATI-781022o DISPURoGUWAHATI-o781022o DIST.oKAMRUPo(M0 oASSAMo PH.oNO.o8811062506 3:oMINTUoDAS oS/OoJAGANNATHoDASo R/OoHOUSEoNO.o34 oGPALNAGARo NOONMATI o P.O.oNOONMATIo P.S.oNOONMATI oGUWAHATI o DIST.oKAMRUPo(M) oASSAM-781020o PH.o690160681o VERSUSo Page No.# 2/5 THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR P DOLEY,MS M ZOMUANPUII,MR J SINGH,MRS J M KONWAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND