GUWAHATI, India, July 22 -- Gauhati High Court issued the following order on June 23:

1. Heard learned counsel Mr. D Das for the petitioner Kulojyoti Kalita who has filed this application under Section 482 of the BNSS, 2023 with prayer for prearrest bail apprehending arrest in connection with Goalpara PS Case No. 25/2025 ( GR No.105/2025) under Sections 420/409/34 of the IPC.

2. Learned Addl.Public Prosecutor Mr.K.K.Parashar is present for the State respondent.

3. It is submitted that the petitioner is suffering from neurological ailments. Annexure-2 are his medical documents. The petitioner was granted the privilege of interim pre-arrest bail as he was suffering from lower limb radiculopathy and was confined to wheel chair at the time of investigation. The prime accused has been granted the privilege of pre-arrest in connection with the case. The petitioner has also prayed for pre-arrest bail on the ground of parity.

4. I have considered the submissions at the Bar with circumspection.

5. Learned Addl.Public Prosecutor has raised serious objection in granting pre-arrest bail to the petitioner stating that there are incriminating materials in the Case Diary.

6. I have scrutinized the Case Diary.

7. Petitioner is the co-ordinator of the Kalyanpur Gaon Panchayat. The allegation against the petitioner is that he has siphoned off funds from the beneficiaries to the account of some other persons. It is submitted that a list of genuine PMAY (G) housing beneficiaries was prepared but the beneficiaries did not get the money sanctioned for PMAY (G) housing.

8. I have also scrutinised the Case Diary. Indeed there are incriminating materials in the Case Diary. I have also considered the medical condition of the petitioner who is ailing seriously. I have also considered the fact that the petitioner has appeared before the I.O. and has given his statement and is cooperating with the I.O..

9. In view of above, the interim pre-arrest bail granted to the petitioner on 12.03.2025 is hereby made absolute.

10. The pre-arrest bail application stands disposed of

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